A partition action enables you to force the sale of property when coowners are refusing to sell. When two or more people own the same property, one of the owners CAN force a sale of the jointly owned property via a partition action or lawsuit.Most states will utilize both methods. Estate planning attorney Roy Sjoberg explains the issues surrounding community property between Minnesota and Wisconsin state lines. Options like partition allow co-owners to divide or sell property fairly—even without unanimous agreement. In 1995, the Texas Constitution was amended to specifically designate an owelty of partition as one of the permitted encumbrances on a Texas homestead. Another way to get around Texas' law against separation is to draft a partition and exchange agreement.