This is a document through which the parties agree that particular property will be "separate property" and will not be divided. A partition action enables you to force the sale of property when coowners are refusing to sell.Very generally, the partition of real property is the division of previously undivided interests among joint owners or cotenants1. A 2015 declaratory judgment "establishing that the parties' partition of community property agreement is valid and enforceable" should be set aside as void. 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. However, the right to partition may be waived or contracted away in the partnership agreement. 1978)(homestead rights may be waived in a premarital agreement). VICTIM OF DOMESTIC VIOLENCE, YOU SHOULD IMMEDIATELY CON-. This would, of course, need to be changed and recorded in the county deed records. 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.