The court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide.If the plaintiff cannot afford to pay the court fees required to proceed with the lawsuit, he or she can apply for an order waiving those costs. In addition there is the stipulation of settlement and the "opting-out" agreement. (d) Oral waivers of partition rights are unenforceable. An action for partition is a type of litigation and is an adversarial process. The first step is to identify who must be sued. Our real estate partition lawyers serve clients in The Bronx and Poughkeepsie and are eager and able to give you the advice that you need in your case. It contains information about your right to participate in the settlement, make a claim for payment, or elect not to be included in the class. INTRODUCTION. Co-owners can also voluntarily sell without going to court, but they'll need a solid settlement agreement to protect all parties involved.