Gain a clear understanding of partition action in real estate law with Attorney Andre Clark. A partition agreement may be an express statement that the right to partition is waived.In a partition action, a coowner of a property is taking legal action to fairly divide the property among all coowners of the property. In order to create legal lots for future use, it is important to divide parcels using a short plat or subdivision process. Partition requires a common title or interest in the property and not two competing property ownership claims. Who Can File Partition Lawsuits? A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. Partition is like a divorce action for cotenants.