A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. Fill out this form completely.You MUST include your mailing address. This is a document through which the parties agree that particular property will be "separate property" and will not be divided. A partition agreement divides, or partitions, a married couple's community estate into two separate estates. 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. A partition agreement may be an express statement that the right to partition is waived. (d) Oral waivers of partition rights are unenforceable. This section contains opinions of our readers. These opinions reflect the perspective of those who authored them, not of Bronx Buzz.