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 partition agreement may be an express statement that the right to partition is waived.The document is a partition agreement between two parties to terminate their community ownership of a parcel of land and divide it between them. The right to partition can be waived if the correct agreement is executed. Your attorney can work out a partition agreement in negotiations without going to court. If the parties cannot reach an agreement, the court will decide. A waiver is just an agreement that the right to partition will not apply in the situation. (d) Oral waivers of partition rights are unenforceable. Every co-owner of an interest in the property (no matter how small) must agree in order for a voluntary partition to occur. Many such waivers would be found in writing in a tenancyincommon (TIC) agreement.