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. Partition Agreement Texas. Sometimes spouses can agree to change the characteristic of community property or separate property or both. A special form known as WRA-126-revised was used in place of the military form. Agriculture Department.