Methods of Partition Partition is either voluntary or compulsory. 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.However, the right to partition may be waived or contracted away in the partnership agreement. 1978)(homestead rights may be waived in a premarital agreement). There needs to be a disclosure of the financial assets or a waiver of that disclosure before the agreement is signed. Fill out this form completely. You MUST include your mailing address. In this video, Land Rights Law Attorney Philip Hundl talks about the land partition process in Texas in a presentation to the Wharton County Bar Association. Pursuant to Chapter 4 of the Texas Family Code, parties must enter into a written agreement to change the nature of their property. In a partition action, the main exception is when the parties have executed a partition agreement.