This is a document through which the parties agree that particular property will be "separate property" and will not be divided. A partition action enables you to force the sale of property when coowners are refusing to sell.Texas was an early adopter of community property law, which divides marital property into two characterizations: community and separate. Sometimes, however, the decree may not. A partition action is brought when there is more than one owner of a property and the owners cannot agree with respect to the disposition of the property. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse.