Prenups and Minerals

Most prenups miss the minerals.

Sounds crazy, right? But it's true. In West Texas, mineral rights can be worth millions—and yet they're often glossed over or buried in vague language. That mistake can cost you everything in a divorce.

Here’s what you need to know:

Don’t assume.

Ask directly.

Specify ownership.

Define "income" from royalties.

Separate surface from subsurface.

Clarify pre-marriage vs. post-marriage assets.

Include inheritance expectations up front.

Address future leases, bonuses, and overrides.

Get the prenup reviewed by someone who knows oil law.

A boilerplate form won’t protect real assets in the real world.