This is a document through which the parties agree that particular property will be "separate property" and will not be divided. Yes, you can file a partition action in Texas even if you live in Florida.File a partition suit (force the sale of the property) and demand an accounting and sue Christina for any funds that you were entitled to receive. 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. A partition action enables you to force the sale of property when coowners are refusing to sell. Partition actions are lawsuits that must be filed in the county courthouse where the real estate is located. The. Texas Legislative Council revised many of the section headings in 2017 and continues to include descriptive headings as sections are added or amended.