Legal Question in Family Law in Louisiana
My husband and I are fixing to go through a divorce. We currently live in Louisiana. We have been together almost 11 years. We purchased a home just before we got married, which was 7 years ago and it was put just in his name. I know that by Louisiana law I am not entitled to the home or property, but in the last two years or so the Haynesville Shale was discovered. We are currently recieving royalty payments from this oil and gas discovery. My question is would, I be entitled to any of the royalty payments?
1 Answer from Attorneys
Don't be so quick to cut yourself out of 1/2 the property. If the property is owned by your husband separately, then the shale income is 1/2 yours.....HOWEVER, when the community ends, your interest in the shale income also ends. So, get to a good lawyer well versed in community property law, and see if you really do own a 50% interest in the property, then you own 50% forever, including the shale income. Otherwise, the oil and gas royalties interest to you ends when the marriage ends.