A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. Under the Texas Family Code, at any point in time, the spouses may exchange or partition their community property however they want.A partition agreement divides, or partitions, a married couple's community estate into two separate estates. Details about spouses partitioning or exchanging community property between themselves are in the Texas Family Code section 4.102. § The Separation Agreement becomes legal (binding) as soon as it is notarized. 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. The court appointed a receiver, with the usual powers and directions, to sell the marital residence forthwith, even though the divorce was not yet final.