A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. This is a document through which the parties agree that particular property will be "separate property" and will not be divided.It is also possible to file a "friendly" partition action if the parties desire a court decree that ratifies their agreement. A partition agreement divides, or partitions, a married couple's community estate into two separate estates. Anyone who has an interest in a property can file a petition to the court to partition the property. Partition Agreement Texas. Sometimes spouses can agree to change the characteristic of community property or separate property or both. The Texas Family Code provides that parties about to marry can agree that property that would ordinarily be community property will be separate property. The headings to the individual sections of the Texas Constitution are, with a few exceptions, unofficial and have been added for the convenience of the reader.