Under the Texas Family Code, at any point in time, the spouses may exchange or partition their community property however they want. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse.Partition or Exchange of Community Property. The Texas Family Code authorizes a "marital property agreement" between spouses. File a partition suit (force the sale of the property) and demand an accounting and sue Christina for any funds that you were entitled to receive. A partition agreement divides, or partitions, a married couple's community estate into two separate estates.