A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights.Generally, a partition action cannot be stopped absent a valid waiver. We have provided free online forms for partition actions that should only be used in conjunction with a partition attorney in California. The right to partition can be waived if the correct agreement is executed. A partition agreement may be an express statement that the right to partition is waived. In other words, any co-owner can force the sale of the property.