This is a document through which the parties agree that particular property will be "separate property" and will not be divided. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse.The good news is that even if your spouse is in another country, Texas law provides clear steps for getting divorced. 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. A partition agreement divides, or partitions, a married couple's community estate into two separate estates. The short answer to your question is Yes, it's valid. You can still file an answer to the divorce and come to a property settlement agreement with your ex. The SPEAKER pro tempore. Will the gentlewoman from California (Ms.