This agreement must take place after the couple is married. 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. A partition agreement divides, or partitions, a married couple's community estate into two separate estates. To agree that such an agreement among the settlor spouses in the trust agreement should be valid under Texas law (i.e. The California type agreement seems to contemplate an agreement during the marriage to partition in a certain way after the marriage terminates. Have I consulted with a lawyer? – Completing partition action forms is in itself a challenge. A Power of Attorney (POA) allows one person to appoint another person to act on their behalf. Create your free general or durable POA today.