A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. While it is possible for a coowner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally.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 waiver of the right to a partition can occur in an "agreement among co-owners of the property. Understand the Concept of Partition. Your agreement needs to say that you both agree to end the marriage and what you agreed about property or spousal support. 1978)(homestead rights may be waived in a premarital agreement). To schedule a consultation with an experienced Austin divorce lawyer, please fill out the form below.