Yes, you can file a partition action in Texas even if you live in Florida. This is a document through which the parties agree that particular property will be "separate property" and will not be divided.Texas Estates Code - EST § 1158.705. Partition Without Court Approval; Ratification of Partition Agreement. Partition actions are lawsuits that must be filed in the county courthouse where the real estate is located. Partition Agreement Texas. Sometimes spouses can agree to change the characteristic of community property or separate property or both. Other helpful information: Blood tests are not required. You do not need to be a resident of this county or the State of Florida to obtain a Marriage license. State, 596 So. 2d 665 (Fla.