A partition action enables you to force the sale of property when coowners are refusing to sell. This is a document through which the parties agree that particular property will be "separate property" and will not be divided.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 lawsuit can be pretty difficult to stop, though it is not impossible with help from an experienced property dispute lawyer. Partition Agreement Texas. Sometimes spouses can agree to change the characteristic of community property or separate property or both. Partition is the legal term referring to division of real property interests among co-owners (tenants in common). Super Lawyers Rated Partition Attorneys in San Jose. Ending Co-Ownership Disputes in Santa Clara County. "Real estate partition suits usually result in the property's sale or division between owners.