Judgment Can Affect Mineral Rights

Question: If you own a homestead in Texas where mineral rights have never been severed and a non-secured creditor files a judgment and records that judgment does that create a lien on the mineral rights?

Answer: If a creditor abstracts a judgment against a Texas homestead owner, the creditor does not secure a lien on any part of the property because it is homestead. If the property is not homestead and the minerals have not been severed, the judgment attaches to both the surface and the mineral estates. If either the surface or the minerals have been severed, then the judgment attaches to whatever interest remains.