A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. A partition agreement may be an express statement that the right to partition is waived.A partition action enables you to force the sale of property when coowners are refusing to sell. While it is possible for a coowner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally. Community property cannot be partitioned. Access to Forms The Superior Court of Orange County offers several options to assist the public in completing court forms. Generally, a partition action cannot be stopped absent a valid waiver. Court Forms, Free forms are available for those actions that only require the single form to be filed on an existing case. A partition lawsuit can be pretty difficult to stop, though it is not impossible with help from an experienced property dispute lawyer.