A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. Another way to get around Texas' law against separation is to draft a partition and exchange agreement.Under the Texas Family Code, at any point in time, the spouses may exchange or partition their community property however they want. A partition action enables you to force the sale of property when coowners are refusing to sell. The Texas Family Code authorizes a "marital property agreement" between spouses.