This is a document through which the parties agree that particular property will be "separate property" and will not be divided. The Texas Family Code authorizes a "marital property agreement" between spouses.A partition action enables you to force the sale of property when coowners are refusing to sell. Very generally, the partition of real property is the division of previously undivided interests among joint owners or cotenants1. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. In this video, Land Rights Law Attorney Philip Hundl talks about the land partition process in Texas in a presentation to the Wharton County Bar Association. Partition requires a common title or interest in the property and not two competing property ownership claims. Who Can File Partition Lawsuits?