A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. A contract is simply a promise between two parties that can be legally enforced.Many couples enter into partition or exchange agreements, which are essentially contracts that define the rights to community property. Rule 11 of the Texas Rules of Civil Procedure lets lawyers and parties to any lawsuit enter into a written agreement on any subject matter of the lawsuit. The spouses may partition or exchange between themselves all or part of their community property, then existing or to be acquired, as the spouses may desire. A written agreement between the exchanger and the Qualified Intermediary (QI) defining the transfer of the relinquished property. An exchange agreement is a written agreement between the exchanger and the Qualified Intermediary (QI) defining the transfer of the relinquished property. A contract is an agreement between two parties that creates an obligation to perform (or not perform) a particular duty. To notify the other party in advance of the intent to assign the contract to a qualified intermediary. Postnuptial agreements are crucial in Texas divorces, dealing with property and child custody.