A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. A partition action enables you to force the sale of property when coowners are refusing to sell.A partition agreement divides, or partitions, a married couple's community estate into two separate estates. Under the Texas Family Code, at any point in time, the spouses may exchange or partition their community property however they want. First, have a clear understanding of your reasons for wanting to partition your community estate and the benefits and disadvantages of doing so. Texas law mandates that any partition or exchange agreement must be in written form and that the spouses have signed it. Super Lawyers Rated Partition Attorneys in Alameda County. Ending Co-Ownership Disputes in Alameda County. Details about spouses partitioning or exchanging community property between themselves are in the Texas Family Code section 4.102. If an agreement is successfully negotiated, a probate lawyer can help with drawing up a legally binding contract for both parties to sign.