The three ways in which the owners may waive their rights to partition are: (1) verbally, (2) in an implied manner, or (3) in writing. This affidavit of partition details the division of a jointly owned property between multiple co-owners.Explore the purpose of a petition for partition and its usage. Learn how this legal process resolves property disputes among co-owners effectively. A spouse can waive the right to elective share, homestead or pretermitted share prior to or after marriage. Property partition cases can be complex. Learn possible defenses you can use in a property partition case to better protect yourself and your interests. A partition action enables you to force the sale of property when coowners are refusing to sell. Florida law now allows a spouse to waive all or part of their interest in a homestead and other rights embedded in the Probate code. This page lists various forms for conducting business with the Clerk or Courts.