Oil, gas, and minerals belonging to the property that is a homestead are also a portion of the homestead, Cates v. Greene, 114 S.W.2d 592 (Tex. Civ. App.—Austin 1938, no writ); In re Poer, 76 B.R. 98 (Bankr. N.D. Tex. 1987), and any royalty to which a debtor is entitled upon leasing the minerals is thus also homestead property. In re Poer, 76 B.R. 98 (Bankr. N.D. Tex. 1987).
However, after oil, gas, or minerals have been taken from the land, the homestead exemption is no longer applicable
James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
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