A partition action enables you to force the sale of property when coowners are refusing to sell. A joint owner or a claimant of real property or an interest in real property may bring an action to partition the property or interest in a district court.Waived these rights in a marital or premarital agreement. This is a document through which the parties agree that particular property will be "separate property" and will not be divided. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. A partition lawsuit can be pretty difficult to stop, though it is not impossible with help from an experienced property dispute lawyer. Waiver of Priority.. 5. Agreement waiving her future pension rights as a spouse.