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.The Texas Family Code authorizes a "marital property agreement" between spouses. It is common for disputes to arise over jointly owned propert and partition proceedings are used to settle to property disputes in North Carolina. This is a document through which the parties agree that particular property will be "separate property" and will not be divided. Carolina, Tennessee and Texas. F. JAMES SENSENBRENNER, JR., Wisconsin. HOWARD COBLE, North Carolina. The following language in a separation agreement has been found to waive the right to partition: i. Q: My ex- wife wants my son to live with her in North Carolina before turning 18 next December.