In 1995, we were residing in Louisiana. At the request of my spouses father, I signed a paper stating that I would have no interest in an LLC (including future profits and distributions etc) in which she was gifted a partial ownership as her separate property. It was signed at his attorneys office and I had no advice or representation. Could this be invalidated in a Texas divorce? Would it be looked at with Texas law with the standards applied to a Texas postnuptial separate property agreement? If not, is there a way to have the distributions and/or profits characterized as community property?
Lawsuit / Dispute Attorney
1. Get a lawyer involved in representing you in the divorce. 2. take the LA papers to the lawyer for a consultation. If she was gited the interest, then under Texas law, it is her separate property and you don't get it. The nature of the distributions from the LLC should be looked at. If income from the LLC, I'd argue the income is community. If capital distributions, I'd argue separate.
I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.