If an agreement is successfully negotiated, a probate lawyer can help with drawing up a legally binding contract for both parties to sign. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse.Partition is the legal term referring to division of real property interests among co-owners (tenants in common). A petition to partition usually results in a physical split of the property or the property is sold and the proceeds split among the co tenants. Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court. Petition rules vary from state to state. A partition action allows both parties to receive their proportion of an equity in a property fairly, justly, and legally.