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  1. #1
    YAMISOTIRED is offline Junior Member
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    Divorce Decree Statue of Limitations

    What is the name of your state (only U.S. law)? Arkansas
    I have been divorced since 1995.
    My husband signed a divorce decree that among other things stated that I would get all Arkansas Mineral rights. This year I found out that he held on to Mineral rights in one county amounting to 40 acres. He leased this about a year ago for 14000 and there is a well on the property getting ready to pump. My question is... Is there a Statue of Limitations on Divorce Decrees in AR and if not what to do. He has placed these MR in another persons name after I called him on it and refuses to sign them over. He says there is a SOL and that the Mineral Rights were in his name only. But they were signed over to him during our marriage I believe in 1992 or 3. He says he asked a lawyer about these and the lawyer told him I could not touch them. But the DD does state that I get all mineral rights in Arkansas that we had while we were married.
  2. #2
    Nirelan is offline Member
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    You can ask the court to enforce the divorce decree at any time.
  3. #3
    LdiJ is offline Senior Member
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    Quote Originally Posted by YAMISOTIRED View Post
    What is the name of your state (only U.S. law)? Arkansas
    I have been divorced since 1995.
    My husband signed a divorce decree that among other things stated that I would get all Arkansas Mineral rights. This year I found out that he held on to Mineral rights in one county amounting to 40 acres. He leased this about a year ago for 14000 and there is a well on the property getting ready to pump. My question is... Is there a Statue of Limitations on Divorce Decrees in AR and if not what to do. He has placed these MR in another persons name after I called him on it and refuses to sign them over. He says there is a SOL and that the Mineral Rights were in his name only. But they were signed over to him during our marriage I believe in 1992 or 3. He says he asked a lawyer about these and the lawyer told him I could not touch them. But the DD does state that I get all mineral rights in Arkansas that we had while we were married.
    The divorce decree could only award you mineral rights on the marital property. The bolded portion seems to indicate that the mineral rights on the 40 acres were gifted to your ex during the marriage. A gift, (or inheritance) even if given during the marriage is the separate property of the person receiving the gift or inheritance.
  4. #4
    mistoffolees is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    The divorce decree could only award you mineral rights on the marital property. The bolded portion seems to indicate that the mineral rights on the 40 acres were gifted to your ex during the marriage. A gift, (or inheritance) even if given during the marriage is the separate property of the person receiving the gift or inheritance.
    That's a little rash. While what you say may very well be true, there are scenarios where OP could be entitled to the mineral rights. For example, if ex voluntarily traded the mineral rights for other assets in a negotiated agreement which the judge then rubber-stamped, then it would probably be enforceable.

    OP really needs to take the decree to a local attorney and get a review.
  5. #5
    Ronin is offline Member
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    Your Ex told you his lawyer said you have no rights to this. You cannot know for sure whether or not this is true or not until you have an attorney review the letter of your divorce decree and give you a second opinion. If he placed this property in someone elses name after you called him on this, he may have been bluffing about his attorneys opinion.

    While I agree the divorce decree should have only awarded you mineral rights on the marital property, this may not be what the decree actually states. If in fact the decree states you are entitled to these mineral rights, then you most likely are. Any errors in the decree that were not appealed were waived long ago, and the decree stands.
  6. #6
    YAMISOTIRED is offline Junior Member
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    Thanks for the quick and informative responses

    A little more info…. My parents gave us these Mineral rights during our marriage. I actually was power of attorney for my father during this time. He was dying at the time so I was a little distracted at the time, to say the least, so I had forgotten all about this. My parents wanted us to have these mineral rights so my mother & I as POA for my father signed these over. My husband insisted we just put these in his name at the time. But these were intended for both he and I during our marriage my mother passed away a few years after this. The decree states as part of the arrangement that I get all MR in Arkansas. That we owned at the time of our divorce he is stating that these were intended only for him but I adamantly disagree. My parents gave us these as husband and wife.
    Thanks again guys & gals
    YAMISOTIRED
  7. #7
    mistoffolees is offline Senior Member
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    Quote Originally Posted by YAMISOTIRED View Post
    A little more info…. My parents gave us these Mineral rights during our marriage. I actually was power of attorney for my father during this time. He was dying at the time so I was a little distracted at the time, to say the least, so I had forgotten all about this. My parents wanted us to have these mineral rights so my mother & I as POA for my father signed these over. My husband insisted we just put these in his name at the time. But these were intended for both he and I during our marriage my mother passed away a few years after this. The decree states as part of the arrangement that I get all MR in Arkansas. That we owned at the time of our divorce he is stating that these were intended only for him but I adamantly disagree. My parents gave us these as husband and wife.
    Thanks again guys & gals
    YAMISOTIRED
    Take all the documents to an attorney. If the mineral rights where originally from your parents and then the divorce decree awards them to you, then there is a very high probability that you are entitled to them, but ask an attorney.

    One thing you'll need to learn [quickly] is not to take advice from an ex. He can claim that they were intended for him, but who cares what he says? What matters is what the documents say.

    Similarly, you said earlier that he told you that an attorney had given him advice. Ignore him. My ex used to tell me all sorts of things that 'her lawyer told her', but it turned out she was making it all up.

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