A partition action enables you to force the sale of property when coowners are refusing to sell. Yes, Texas follows the system of community property.It operates under a legal framework that sees assets and income acquired in marriage as joint ownership. The Texas Family Code authorizes a "marital property agreement" between spouses. Very generally, the partition of real property is the division of previously undivided interests among joint owners or cotenants1. This article will address the rights of a coowner to force partition of a property used as the other coowner's homestead. If other co-owners don't want to sell, it's difficult to stop, but there are solutions. CCP Section 874.313 states: "This chapter supplements the other provisions of this title. According to the "American Rule," each party pays their attorney's fees in the United States. To win a partition action can take anywhere from a couple of months to reach a settlement agreement to a year or more if it goes to a court trial.