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. ANAND LAW represents co-owners of real estate in partition actions throughout California, from San Diego to Sacramento, and beyond. A partition action enables you to force the sale of property when coowners are refusing to sell. Stipulation and Waiver of Final Declaration of Disclosure (form FL-144), in the settlement agreement or proposed judgment, or in another, separate stipulation. 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. A partition lawsuit can end in the forced sale of jointly owned real estate. A waiver can appear in a Tenant In Common (TIC) Agreement.