The plaintiffs contended that the three individual parties held equal membership interests in the LLC, which owned the property. A partition action enables you to force the sale of property when coowners are refusing to sell.A partition and exchange agreement is a legal contract between divorcing couples that outlines the terms of their property division and distribution. AGREEMENT. A. The Parties agree to the exchange of real property interests set forth in the following paragraphs and agree to be bound thereby. Wondering how to win a partition action? We explain what happens, what you can expect, and where you can find support. This article looks at how partition currently functions under CRS §§ 38-28-101 et seq. , with a focus on real property divisions. They cannot be used to transfer community property to third parties. If necessary, we recommend you communicate through the court, with a third-party witness present, or with another family member.