A partition action takes the dispute to the courts. This article dissects the remedy of partition with reference to New York's scheme.While it is possible for a coowner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally. The purpose of a partition action is to divide the property in a fair and equitable manner, allowing each owner to have their share separately. The court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide. A petition for partition occurs when two or more property owners cannot agree on what to do with it. The right to partition can be waived if the correct agreement is executed. These computer programs ask you questions. The program then uses your answers to make a form for your case or to make an information sheet to help you in court.