While it is possible for a coowner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally. These rights may be available to you whether or not a separation agreement has been entered into between you and your spouse.A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. (d) Oral waivers of partition rights are unenforceable. The question on appeal is whether the surviving spouse waived his homestead rights to the separate property of his deceased wife. A waiver agreement ends the right of an injured worker to ongoing and future benefits in exchange for a lump sum payment or an annuity.