Illinois requires unmarried couples who want legal rights regarding property division to enter into a cohabitation agreement. Legal separation isn't available in Texas, so couples who would like to end their marriage formally must follow the state's divorce process.A partition action enables you to force the sale of property when coowners are refusing to sell. 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. Under the Texas Family Code, at any point in time, the spouses may exchange or partition their community property however they want. In order to file for Dissolution of Marriage in the State of Illinois, you must be a permanent resident for 90 days. While an agreement between you and your former partner is the best bet, a partition proceeding is possible if you cannot reach a fair agreement. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. It is also possible to file a "friendly" partition action if the parties desire a court decree that ratifies their agreement. If both partners are on the deed, then they may seek a partition agreement or proceeding to decide how to split the asset.
