(d) Oral waivers of partition rights are unenforceable. This document summarizes an extrajudicial settlement of an estate with a special power of attorney to sell property.A partition agreement may be an express statement that the right to partition is waived. While it is possible for a coowner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally. A waiver is just an agreement that the right to partition will not apply in the situation. With the rights and obligations specified in the Contract.