A partition action enables you to force the sale of property when coowners are refusing to sell. 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. A partition lawsuit can be pretty difficult to stop, though it is not impossible with help from an experienced property dispute lawyer. A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. Fill out this form completely. You MUST include your mailing address. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. This is a document through which the parties agree that particular property will be "separate property" and will not be divided. Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court.