A partition agreement can also be drafted so that all existing and future community property will be separate property. Tex. Fam. A partition action enables you to force the sale of property when coowners are refusing to sell.Another way to get around Texas' law against separation is to draft a partition and exchange agreement. 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. This is a document through which the parties agree that particular property will be "separate property" and will not be divided. Most states will utilize both methods. The UPHPA and Partition of Real Property Act may overtly favor partition in kind, that remedy is simply not available for most Californians.