While it is possible for a coowner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally. Forms ; AFFIDAVIT OF DEBTORS WAIVER OF RIGHTS, 1 ; AFFIDAVIT OF DEPOSIT OF MINORS FUNDS, 1 ; AFFIDAVIT OF NON-MILITARY SERVICE, 1 ; AFFIDAVIT OF VALIDITY, 1.The document is a partition agreement between two parties to terminate their community ownership of a parcel of land and divide it between them. (1) the complete agreement of the parties;. A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. A partition lawsuit can be pretty difficult to stop, though it is not impossible with help from an experienced property dispute lawyer.