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.Generally, a partition action cannot be stopped absent a valid waiver. A waiver is just an agreement that the right to partition will not apply in the situation. A California Partition Action is necessary if one party wants to sell, and the other does not. A partition lawsuit is subject to auction overbid in court. PARTITION BY SALE: One cotenant can petition for the property to be sold and the proceeds divided. For a free, 15-minute consultation with experienced partition attorney at Partition Lawyer California, call (408) 777-6800 or fill out a contact form online. The document details an extrajudicial settlement where some heirs waive their rights and interests in the estate in favor of one heir, Nadine Cortez. 362 San jose St., Brgy.