Under the Texas Family Code, at any point in time, the spouses may exchange or partition their community property however they want. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse.A partition action enables you to force the sale of property when coowners are refusing to sell. A partition agreement divides, or partitions, a married couple's community estate into two separate estates. To agree that such an agreement among the settlor spouses in the trust agreement should be valid under Texas law (i.e. Sometimes, however, the decree may not. An agreement entered into during the marriage is a Marital Property Agreement and is sometimes known as a "Partition" or. "Postnuptial" Agreement. Partition or Exchange of Community Property. The Texas Family Code authorizes a "marital property agreement" between spouses.