When two or more people own the same property, one of the owners CAN force a sale of the jointly owned property via a partition action or lawsuit. Property acquired during the marriage, including the house and land in Mexico, may subject to division in the New Jersey divorce.This is a document through which the parties agree that particular property will be "separate property" and will not be divided. In a divorce, all community property needs to be divided and all separate property needs to be confirmed to either you or your spouse. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse.