“Comparing Pennsylvania and Texas Law on Ownership and Marital Rights: Common Law v. Community Property - Impact on Oil and Gas Leasing”

Authors

Lilly Tade Van Maele
Rebecca Seidl
Kelly Shapiro

Publication Date

10-1-2011

Document Type

Article

Abstract

As Texas exploration and production companies transition into Pennsylvania, industry professionals must recognize the differing legal landscape of Pennsylvania common law. It is within this context that this article highlights the major distinctions between the marital property systems employed by Pennsylvania and Texas. Failure to understand these legal variances could result in numerous title problems relating to spousal ownership. Properly classifying the nature of the subject property is paramount because property ownership ultimately determines both the proper lessor of an oil, gas, and mineral lease and the manner in which royalties are paid. The two states' similarities and differences are outlined in the following three sub-topics: marital property systems, spousal protections, and intestate succession. Each sub-topic begins with a discussion and analysis of Texas law, followed by a discussion and analysis of Pennsylvania law, and concludes with practical considerations.

DOI

10.37419/TWLR.V18.I1.6

First Page

113

Last Page

128

Recommended Citation

Lilly T. Van Maele, Rebecca Seidl & Kelly Shapiro, “Comparing Pennsylvania and Texas Law on Ownership and Marital Rights: Common Law v. Community Property - Impact on Oil and Gas Leasing”, 18 Tex. Wesleyan L. Rev. 113 (2011).
Available at: https://doi.org/10.37419/TWLR.V18.I1.6