A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. A partition agreement may be an express statement that the right to partition is waived.Unless a co-owner has signed a waiver, an owner has an absolute right to partition his or her interests in the property and force a sale of the property. While it is possible for a coowner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally. Generally, a partition action cannot be stopped absent a valid waiver. A partition action enables you to force the sale of property when coowners are refusing to sell. Community property cannot be partitioned. A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition is the right of any coowner to require a courtordered split of real estate, or its sale and a split of the money. Partition is common when co-owners cannot agree on what to do with the property.