A partition action enables you to force the sale of property when coowners are refusing to sell. A partition agreement may be an express statement that the right to partition is waived.A partition lawsuit can be pretty difficult to stop, though it is not impossible with help from an experienced property dispute lawyer. A joint owner or a claimant of real property or an interest in real property may bring an action to partition the property or interest in a district court. The right to partition is subject to waiver. A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. This Waiver and Release is a general release, and is expressly made with knowledge of and a waiver of reliance on, the provisions of section. This is a document through which the parties agree that particular property will be "separate property" and will not be divided. Public Works and Contract Litigation – Our litigators represent public agencies in complex disputes involving contractual disputes and Public Works litigation.