A partition action enables you to force the sale of property when coowners are refusing to sell. Very generally, the partition of real property is the division of previously undivided interests among joint owners or cotenants1.The Texas Family Code authorizes a "marital property agreement" between spouses. A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. Postnuptial agreements are crucial in Texas divorces, dealing with property and child custody. These agreements outline asset and debt division after marriage. A partition agreement may be an express statement that the right to partition is waived. A joint owner or a claimant of real property or an interest in real property may bring an action to partition the property or interest in a district court. ANAND LAW represents co-owners of real estate in partition actions throughout California, from San Diego to Sacramento, and beyond.