A partition action is a legal remedy used when coowners of a property cannot come to an agreement on how to divide or manage the property. This is a document through which the parties agree that particular property will be "separate property" and will not be divided.A petition to partition usually results in a physical split of the property or the property is sold and the proceeds split among the co tenants. §. The Separation Agreement becomes legal (binding) as soon as it is notarized. Partition is the legal term referring to division of real property interests among co-owners (tenants in common).