A partition action enables you to force the sale of property when coowners are refusing to sell. Legal separation isn't available in Texas, so couples who would like to end their marriage formally must follow the state's divorce process.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. Edit, sign, and share texas partition and exchange agreement form online. This is a document through which the parties agree that particular property will be "separate property" and will not be divided. In 1995, the Texas Constitution was amended to specifically designate an owelty of partition as one of the permitted encumbrances on a Texas homestead.