Partition is the legal term referring to division of real property interests among co-owners (tenants in common). If you are considering divorce in Texas, you should know that Texas is one of a handful of community property states in the U.S..This agreement must take place after the couple is married. (b) A joint owner of personal property must bring an action to partition the property in a court that has jurisdiction over the value of the property. A partition agreement divides, or partitions, a married couple's community estate into two separate estates. Details about spouses partitioning or exchanging community property between themselves are in the Texas Family Code section 4.102. Yes, you can file a partition action in Texas even if you live in Florida. I suggest you retain counsel in Texas.