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.Discover everything you need to know about Texas separate property agreement forms in this engaging and comprehensive blog. A partition action would allow you to ask the court to force your nephew to either sell or to buy out all of your three interests. 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law. 23,183 Satisfied Customers. Accordingly, in the event of divorce, that separate property will not be divided.