A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. While it is possible for a coowner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally.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. Generally, a waiver of the right to a partition can occur in an "agreement among co-owners of the property. Community property cannot be partitioned. Generally, a partition action cannot be stopped absent a valid waiver. A waiver is just an agreement that the right to partition will not apply in the situation. A partition lawsuit can end in the forced sale of jointly owned real estate. 1- Employ an accomplished real estate attorney.