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. 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 partition agreement may be an express statement that the right to partition is waived. Fill out this form completely. You MUST include your mailing address. A corporation organized and existing under the laws of the Commonwealth of Virginia, for the. Indeed, Courts have held that the right to partition is "absolute in the absence of countervailing conditions.