What happens if spouse's name and signature are left off a Oil & Gas Lease?

What happens if, through a series of transactions, minerals which were once seperate property become community property and the landman hired by the Oil and Gas company apparently misses it? The lease was signed by only one spouse a year ago and that name is the only one that appears on the lease. In the meantime the minerals were sold to a third party who discovers the error. Would an undivided 1/2 of the minerals be unleased? It would seem the buyer would be able to count on the public record.

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Permalink Reply by jffree1 on July 24, 2010 at 13:23
Not anything you could bank on but I will be looking.
Permalink Reply by Spring Branch,mineral owner on July 24, 2010 at 13:25
Thanks
Permalink Reply by adubu on July 24, 2010 at 13:53
Two Dog---In this case the wife did not run off and she signed the sell of minerals that as Hardage stated this trump prior requirement for wife to ratify the lease since the lease went with the sell as "after acquired'' document so lessee has intact valid lease and new mineral owner lives with lease. If wife had run off then there would have been problems for Lessee and Buyer, but not the case and "They lived happly thereafter" with what they have. If wife ran off and never hear from again I guess the husband would have to file for divorce for abandament and revert all title to self then could do want every he choses with the minerals but you then open a new dicussion and barrel of worms.
Permalink Reply by Two Dogs, Pirate on July 24, 2010 at 14:02
I am not talking about that. I am talking about your statement that the lease was invalid because the wife didn't sign it. What if the wife decided to ride the well down (UMI) and the husband chose to lease.
Permalink Reply by adubu on July 24, 2010 at 14:22
Two Dog-- if they did not sell the minerals then my understanding the lessee has a problem with a invalid lease. I don't know the answer to you question sorry about the wife being UMI. Problem if husband want to lease and wife did not then agrree they need to see attorney and maybe cut spilt separate deed of 1/2 minerals to each and record then each could do want they wanted to do.
Permalink Reply by Two Dogs, Pirate on July 24, 2010 at 14:36
You can lease undivided interests, I do it all the time. The old days of the Head and Masters laws are long gone, Louisiana was the last to go down on January 1, 1980 when the new law came in to enforcement. Some people who are married just don't get along and would never do what their spouce did. If it were a corporation etc and someone didn't sign then you would have a problem but not with individuals unless there is some sort of a contract between them.
Permalink Reply by Spring Branch,mineral owner on July 24, 2010 at 6:14
No, both spouses signed the mineral deed as community property.
Permalink Reply by adubu on July 24, 2010 at 6:24
SB--OK then sell is valid but still problem with lease not ratified and therefore not valid--yes? ---no?
Permalink Reply by adubu on July 24, 2010 at 6:22
SB---another thought if lease is not ratified by the other sponse then lease is invalid and since minerals sold the new owner ( buyer ) could lease to another operator or COG would have to offer new lease to new owner and then attempt to get their bonus money back from prior lessor owner. The new buyer may be in the Cat's seat. But if other spouse knows that would have to return bonus money they would sign ratification in a minute since minerals sold and therefore buyer has to live with present lease.
Permalink Reply by Spring Branch,mineral owner on July 24, 2010 at 6:37
The new owners would have no interest in causing the lessor(s) any grief! I'm certain of that.
Permalink Reply by adubu on July 24, 2010 at 6:57
Does new owner like the present lease terms and desire for it to stay with COG--if so and if he truely wants no grief to prior lessor seller of minerals then it would be simply to get all 3 parties on conference call and get lease ratified and put to bed. If new owner does not like lease but wants COG as operator then I would talk COG into new lease maybe bonus free but with better terms which would invalidate old lease and place new lease in play.
Permalink Reply by Spring Branch,mineral owner on July 24, 2010 at 7:02
adubu, that is exactly what I hope might eventually happen...........lease with same operator @ no bonus, but with better terms. But Hardage has made it clear that at present and before a well is either permitterd or drilled, they would not be willing to talk, and I believe him.

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