A 2015 declaratory judgment "establishing that the parties' partition of community property agreement is valid and enforceable" should be set aside as void. Prenuptial and postnuptial agreements can be valuable tools for many couples.Call a Frisco marital agreement lawyer at 972-294-6533. While it is possible for a coowner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally. A partition and exchange partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. A partition and exchange partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. Under the Texas Family Code, marital property agreements between spouses accomplish one of two ends. To schedule a consultation with an experienced Austin divorce lawyer, please fill out the form below. The proceeding was filed in the 417th Judicial District Court of Collin County. One option is to enter into partition or exchange agreements, which are essentially contracts outlining the rights to community property.