If i live in California and file for divorce and have acquired a property in Texas while separated, is that community. A postnuptial agreement can transmute separate property to community property and vice versa. Cal. Fam.To schedule a consultation with an experienced Austin divorce lawyer, please fill out the form below. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. When an agreement of partition of the estate has been made. The Complete Guide to the Partition of Real Property Act (Part 4) California Lawyers Association. A partition agreement divides, or partitions, a married couple's community estate into two separate estates. I was married in California to a Japanese citizen.