This is a document through which the parties agree that particular property will be "separate property" and will not be divided. A partition action enables you to force the sale of property when coowners are refusing to sell.Legal separation isn't available in Texas, so couples who would like to end their marriage formally must follow the state's divorce process. Filing a complaint for partition of real property is the best way to show your uncooperative coowner that you are serious about selling the property. The Texas Family Code authorizes a "marital property agreement" between spouses. When two or more people own the same property, one of the owners CAN force a sale of the jointly owned property via a partition action or lawsuit.