If you and your spouse cannot agree on how to divide your property, the court will decide what is marital property and how much that property is worth. In a partition action, one owner of a property files suit against another and asks that the property be divided up or sold and the money split.You and your spouse can reach an agreement to divide marital property. Spouses in a divorce are free to agree on the division of any or all of their marital property, without the intervention of Maryland courts. A property settlement agreement becomes a legally binding part of the final judgment when your marriage is officially dissolved.