This is a document through which the parties agree that particular property will be "separate property" and will not be divided. Partition is the legal term referring to division of real property interests among co-owners (tenants in common).A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. Partition Agreement Texas. Sometimes spouses can agree to change the characteristic of community property or separate property or both. 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. A partition agreement divides, or partitions, a married couple's community estate into two separate estates. A partition action enables you to force the sale of property when coowners are refusing to sell.