A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. This instrument relates to a PARTITION AGREEMENT of a parcel of land subdivided into _________________ lots and consists of THREE (3) pages including this page.Experienced real estate attorney provides 7 effective affirmative defenses to help prevent a partition action. Super Lawyers Rated! In other words, any co-owner can force the sale of the property. A partition action enables you to force the sale of property when coowners are refusing to sell. ANAND LAW represents co-owners of real estate in partition actions throughout California, from San Diego to Sacramento, and beyond. Defenses like claims of a valid waiver in a right of first refusal remain valid. A tentative map is approved in the City of San Diego for an initial term of three years.