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.ANAND LAW represents co-owners of real estate in partition actions throughout California, from San Diego to Sacramento, and beyond. 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 partition action is a legal procedure used to divide a jointly owned property among coowners or to sell the property and distribute the proceeds. Considering filing a partition action? Understand the process and how a real estate attorney can help.