How to win a partition action? A 2015 declaratory judgment "establishing that the parties' partition of community property agreement is valid and enforceable" should be set aside as void.Very generally, the partition of real property is the division of previously undivided interests among joint owners or cotenants1. Your spouse can fill out and sign either form. The Waiver of Service Only form must be signed in front of a notary. Fill out this form completely. You MUST include your mailing address. 1978)(homestead rights may be waived in a premarital agreement).