The Texas Family Code authorizes a "marital property agreement" between spouses. A partition action enables you to force the sale of property when coowners are refusing to sell.In Texas, you or your spouse must have lived in the state for at least six months before filing. Utah isn't a community property state. Instead, it operates under an equitable distribution principle in dealing with marital assets upon divorce. A petition to partition usually results in a physical split of the property or the property is sold and the proceeds split among the co tenants. Legal separation isn't available in Texas, so couples who would like to end their marriage formally must follow the state's divorce process. Utah courts divide property fairly, but not always equally. Find out how the process works and how to protect the things you love. When two or more people own the same property, one of the owners CAN force a sale of the jointly owned property via a partition action or lawsuit.