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.Partition Agreement Texas. Sometimes spouses can agree to change the characteristic of community property or separate property or both. A partition agreement divides, or partitions, a married couple's community estate into two separate estates. Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court. Petition rules vary from state to state. A suit for partition is where one owner of a parcel sues the other owner to divide the property. A joint owner or a claimant of real property or an interest in real property may bring an action to partition the property or interest in a district court.