Understand the Concept of Partition. A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California.Discover everything you need to know about California Partition Action Procedure. How to Resolve Co-Ownership Disputes Successfully. California law requires that you serve your spouse or domestic partner with a Preliminary Declaration of Disclosure before the divorce can be granted. 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. California laws prohibit certain terms in employment, separation, and settlement agreements between employers and employees, former. 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 default judgment allows the court to finalize the divorce based on the terms you submitted in your original petition without any input from your spouse. Virtually universally, the instances in which a court has found a valid waiver have involved some sort of written contract or adverse possession of property.
