They cannot be used to transfer community property to third parties. Details about spouses partitioning or exchanging community property between themselves are in the Texas Family Code section 4.102.Marital Property Agreement – Also known as a Partition Agreement, Partition and. Exchange Agreement or Postnuptial Agreement. If the divorce was finalized in Texas, the party seeking relief should file the partition suit in the same court that issued the final decree of divorce. However, you may choose to get a Partition and Exchange Agreement, which allows the transfer of shared property to a spouse so that it is separately owned. However, these agreements cannot be used to transfer community property to third parties. Fill in the form below and we will send it straight to your inbox. Ensuring That Your Partition or Exchange Agreement is Enforceable. Addressed in a partition and exchange agreement.