Texas law provides each co-owner of real property with an absolute right to have their property partitioned through a forced judicial sale. This packet includes: 1.Instructions for an AGREED Divorce with Children. 2. Courts generally refer to these agreements simply as "partition agreements. A 2015 declaratory judgment "establishing that the parties' partition of community property agreement is valid and enforceable" should be set aside as void. A marital property agreement will allow you to divide the funds in a manner you choose and they will not be a part of your property division hearings in court. For legal help in Texas, call the Law Offices of David Kohm, your trusted legal separation Agreement attorney. We are here to help you with your law needs. Okay, so in ANY scenario where not everyone wishes to sell, you'd need to file a partition action with the court to allow you to sell. A marital property agreement will allow you to divide the funds in a manner you choose and they will not be a part of your property division hearings in court.