This deed of partition divides a property equally among heirs. 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.A spouse can waive the right to elective share, homestead or pretermitted share prior to or after marriage. A petition for partition occurs when two or more property owners cannot agree on what to do with it. Property partition cases can be complex. Learn possible defenses you can use in a property partition case to better protect yourself and your interests. Additional resources include a directory of local self-help centers. A judicial Partition action is in the nature of an in rem action. Its object is the Partition of property between co-owners.