This is a document through which the parties agree that particular property will be "separate property" and will not be divided. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse.Family Code § 4.106 (a partition or exchange agreement of spouses). If both partners are on the deed, then they may seek a partition agreement or proceeding to decide how to split the asset. Experts discuss estates that did not clear probate, known as heirs property, its impact on people of color, and solutions to correct the issue.