A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. Learn what an estate partition is and how to handle this type of lawsuit in Florida and Texas.Click here to learn more. Learn everything about filing a property partition case in Florida. Get step-by-step guidance on the process, from determining ownership to going to court. We herein approve and waive all objections for the proposed. Partition actions are lawsuits that must be filed in the county courthouse where the real estate is located. A joint owner or a claimant of real property or an interest in real property may bring an action to partition the property or interest in a district court. However, the right to partition may be waived or contracted away in the partnership agreement.