In other words, spouses can agree that particular property will be classified as "separate" rather than community property. 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 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. Similar to a prenuptial agreement, this contract is drafted during marriage and spells out how property will be divided upon divorce or the death of one spouse. 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.