Partition lawsuits require a common title or interest in the underlying property rather than two competing claims for ownership. Partition actions are lawsuits that must be filed in the county courthouse where the real estate is located.Below is a list of forms that you may download for free from our website. 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 three ways in which the owners may waive their rights to partition are: (1) verbally, (2) in an implied manner, or (3) in writing. Additional resources include a directory of local self-help centers. A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California.