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.In plain English, this means that in exchange for settling, both parties give up their claims against each other. 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. A waiver can appear in a Tenant In Common (TIC) Agreement. A partition agreement may be an express statement that the right to partition is waived. Mail or place completed forms in the court dropbox located at the. Family Court at 3341 Power Inn Road, Sacramento, CA 95826. Generally, a waiver of the right to a partition can occur in an "agreement among co-owners of the property. MAIL ADDRSS (Optional):. The.