Characterization of Overriding Royalty Interests for Purposes of Marital Property Division

The original divorce decree awards the following marital property to husband: "H-3. All sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, disability plan, or other benefits existing by reason of the husband's past, present, or future employment." During the marriage, husband earned overriding royalty interests by reason of his employment. Overriding royalty interests are basically contractual rights to receive a % of proceeds from oil and gas production. I'd like thoughts as to whether the ORRIs were awarded to hubby

Lubbock, TX -

Attorney Answers (1)

William Tyler Moore Jr

William Tyler Moore Jr

Divorce / Separation Lawyer - Houston, TX
Answered

The overriding royalties, in my opinion, don't fall under that paragraph. I'd argue they weren't divided and need to be.

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you... more

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