A partition agreement divides, or partitions, a married couple's community estate into two separate estates. The Texas Family Code authorizes a "marital property agreement" between spouses.First, have a clear understanding of your reasons for wanting to partition your community estate and the benefits and disadvantages of doing so. 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. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. Legal separation isn't available in Texas, so couples who would like to end their marriage formally must follow the state's divorce process.