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 partition agreement divides, or partitions, a married couple's community estate into two separate estates. 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. Partition Agreement Texas. Sometimes spouses can agree to change the characteristic of community property or separate property or both. This form is for use in nominating or requesting determinations for individual properties and districts. See instructions in How to Complete the National. Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court. Petition rules vary from state to state.