A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. A petition to partition usually results in a physical split of the property or the property is sold and the proceeds split among the co tenants.A partition agreement divides, or partitions, a married couple's community estate into two separate estates. This is a document through which the parties agree that particular property will be "separate property" and will not be divided. Texas Family Code Section 4.102 allows for spouses to partition or exchange between themselves all or part of their community property. Partition is the legal term referring to division of real property interests among co-owners (tenants in common). § 121.11 Rules applicable to operations in a foreign country.