The Texas Family Code authorizes a "marital property agreement" between spouses. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse.Another way to get around Texas' law against separation is to draft a partition and exchange agreement. Details about spouses partitioning or exchanging community property between themselves are in the Texas Family Code section 4.102. Under the Texas Family Code, at any point in time, the spouses may exchange or partition their community property however they want. THIS REAL ESTATE EXCHANGE AND PURCHASE AGREEMENT ("Agreement") is made and entered into this ___ day of. A partition action enables you to force the sale of property when coowners are refusing to sell. The transfer of the By-Pass Parcel shall be made via a Special. Warranty Deed in the form attached hereto as Exhibit D. DRAFT.