A partition action enables you to force the sale of property when coowners are refusing to sell. Yes, you can file a partition action in Texas even if you live in Florida.Texas requires a written agreement to partition. 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. Most states will utilize both methods. 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. This is a document through which the parties agree that particular property will be "separate property" and will not be divided. It is legal for any state to partition itself into as many states as it wants, as long as Congress agrees. Can you buy out the interest of a co-owner who didn't appear in the lawsuit? A partition agreement between spouses divides property they jointly own between them.