A partition action takes the dispute to the courts. Under New York' Partition Law, a partition is a remedy available to any person who is a coowner of New York real property.A partition action enables you to force the sale of property when coowners are refusing to sell. The purpose of a partition action is to divide the property in a fair and equitable manner, allowing each owner to have their share separately. The document is a partition agreement between two parties to terminate their community ownership of a parcel of land and divide it between them. In order to be enforceable, an agreement between the parties must be (1). A 2015 declaratory judgment "establishing that the parties' partition of community property agreement is valid and enforceable" should be set aside as void. An action for partition is a type of litigation and is an adversarial process. The first step is to identify who must be sued. Property described as separate property in a written agreement between you and your spouse.