When your marital property includes mineral rights

Last updated on April 8, 2021

Identifying and valuating all the assets you and your spouse have accumulated during your marriage in Georgia may be a complex process involving a variety of professionals. We at The Siemon Law Firm have answered many questions about how the court may approach the division of marital property based on many factors in your marriage, and the strategies that couples have used to reach a fair settlement.

When it comes to real estate, your divorce agreement must include the value of the land itself and the residential or commercial buildings attached to it. The minerals underneath the ground may also be a factor in how much the property is worth, though, and MineralWeb.com warns that the number of elements at play may lead to significant variations in value at any given time.

Naturally, if there is an extraction operation working on the property, your rights are likely to be valuated at a much higher rate since there is a revenue stream already in existence, although the current royalty rates may still fluctuate appreciably. Property that is already producing also involves an actual instead of an estimated flow rate that is easier to valuate.

Even if an extraction company is not currently leasing the property or conducting exploration, you may still have your land evaluated by geologists based on known or potential resources. Locale is a major contributor to the value of mineral rights, and if your marital real estate is near property where hydrocarbon accumulations and other positive characteristics have been identified, this increases the value. For more information about property valuation and division, please visit our web page.

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