A partition action enables you to force the sale of property when coowners are refusing to sell. If an agreement is successfully negotiated, a probate lawyer can help with drawing up a legally binding contract for both parties to sign.When co-owners of real property in Pennsylvania cannot agree on the management or sale of the property, a court can order a Partition of the property. The court found that the right to appeal was not waived under the circumstances of that case, and the discussion of the issue is instructive. (3) Approve an agreement providing for a structured settlement in the manner provided by. Pa.R.C.P. No. 2039(b)(3). A partition agreement may be an express statement that the right to partition is waived.