A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. Fill out this form completely.You MUST include your mailing address. A joint owner or a claimant of real property or an interest in real property may bring an action to partition the property or interest in a district court. This is a document through which the parties agree that particular property will be "separate property" and will not be divided. A partition agreement divides, or partitions, a married couple's community estate into two separate estates. Pursuant to Chapter 4 of the Texas Family Code, parties must enter into a written agreement to change the nature of their property. Been extended, will in no way operate as a waiver on the part of the Owner of any of its rights under the contract.