A partition action enables you to force the sale of property when coowners are refusing to sell. 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. In an action to partition real property, the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record. 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. A partition agreement divides, or partitions, a married couple's community estate into two separate estates. Partition is common when co-owners cannot agree on what to do with the property. Usually it ends up with the property being sold. A partition agreement divides, or partitions, a married couple's community estate into two separate estates. Our partition attorneys in California can help resolve real estate co-ownership disputes that have arisen due to a variety of frustrating situations.