A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. Under the Texas Family Code, at any point in time, the spouses may exchange or partition their community property however they want.Discover everything you need to know about Texas separate property agreement forms in this engaging and comprehensive blog. First, have a clear understanding of your reasons for wanting to partition your community estate and the benefits and disadvantages of doing so. File a partition suit (force the sale of the property) and demand an accounting and sue Christina for any funds that you were entitled to receive. Texas Family Code Section 4.102 allows for spouses to partition or exchange between themselves all or part of their community property. My exwife and I separated in October 2001. We were living in Austin, Texas and in the process of building a house. The terms of such an agreement are "just and right. "3 The parties obtained approval of their agreement in the 324th District Court of.