Partition Agreement Texas. Sometimes spouses can agree to change the characteristic of community property or separate property or both.Another way to get around Texas' law against separation is to draft a partition and exchange agreement. However, these agreements cannot be used to transfer community property to third parties. A partition or exchange agreement made under this subchapter may be recorded in the deed records of the county in which a party resides. Addressed in a partition and exchange agreement. Note: The same distinction can be made between actual medical expenses and future medical expenses. They cannot be used to transfer community property to third parties. The intent of the parties to effectuate a present partition and exchange of property, on hand or to be acquired, should be included. See. Addressed in a partition and exchange agreement. 6.