A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. This instrument relates to a PARTITION AGREEMENT of a parcel of land subdivided into _________________ lots and consists of THREE (3) pages including this page.A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. We have provided free online forms for partition actions that should only be used in conjunction with a partition attorney in California. This Waiver and Agreement shall run with the land and be binding upon all future owners, their heirs, successors, and assigns to such property. A partition agreement may be an express statement that the right to partition is waived. In other words, any co-owner can force the sale of the property. A partition action enables you to force the sale of property when coowners are refusing to sell. Checking the contract for waiver of the right to partition. Many lawyers can help you prepare your final agreement.