A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. A partition action enables you to force the sale of property when coowners are refusing to sell.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. Filing a complaint for partition of real property is the best way to show your uncooperative coowner that you are serious about selling the property. Partition is the legal term referring to division of real property interests among co-owners (tenants in common). Even if one co-owner currently resides in the property, the partition lawsuit Texas usually leads to the property's sale. The rule on who pays for a partition action is that "the court shall apportion the costs of partition among the parties in proportion to their interests. If an agreement is successfully negotiated, a probate lawyer can help with drawing up a legally binding contract for both parties to sign.