We have attached a sample partition lawsuit which provides a true sense of the work involved in a Florida partition case. Partition is a matter of right between co-owners unless there is an agreement against Partition or some waiver (express or implied), estoppel or other equitable.A spouse can waive the right to elective share, homestead or pretermitted share prior to or after marriage. Partition lawsuits require a common title or interest in the underlying property rather than two competing claims for ownership. Additional resources include a directory of local self-help centers. This is a Release and Waiver of Liability. Be advised that when you agree, this form has legal consequences. This deed of partition divides a property equally among heirs. Waiver: A complete release from an adopted standard, protocol or procedure. 4. ACRONYMS (in alphabetical order).