Partition is the legal term referring to division of real property interests among co-owners (tenants in common). A partition agreement divides, or partitions, a married couple's community estate into two separate estates.Texas Landowner Firm has experienced lawyers for partitions, buyouts, and forced sales. Contact us today to help with your lawsuit. Only fixture filings will be accepted in the county clerks office now and the fee will be real property record fees. 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. If the coowners cannot agree on how to dispose of the property, the new owners could sue for partition of property and force its sale. You should speak with an experienced family attorney if you're considering a marital partition agreement or if your spouse asks you to sign one. This is a document through which the parties agree that particular property will be "separate property" and will not be divided.