Learn about what marital property is and how it is distributed during a divorce, and discover how property rights are decided in the New York court system. Marriage Waiver Affidavit. PDF.This Part shall be applicable to civil actions and proceedings in the Supreme Court and the County Court. (d) Oral waivers of partition rights are unenforceable. These rights may be available to you whether or not a separation agreement has been entered into between you and your spouse. (ii) a permanent bound edition containing the accumulation of all laws adopted in the legislative session. However, if you co-own the property with others, selling the property or disposing of it in the manner of your choosing may be difficult. Deemed a waiver of any such tern nor bar any enforcement rights. We also agreed to re-naming the seniority units for DHS and combing a couple.