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.A joint owner or a claimant of real property or an interest in real property may bring an action to partition the property or interest in a district court. A partition agreement divides, or partitions, a married couple's community estate into two separate estates. Fill out this form completely. You MUST include your mailing address. Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court. Petition rules vary from state to state. Dredge; fill; permits; clean up. Thank you for your assistance in clarifying the status of the Phoenix Charter School.