A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. Solving Joint Ownership Problems in San Jose.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. Your agreement needs to say that you both agree to end the marriage and what you agreed about property or spousal support. PARTITION BY SALE: One cotenant can petition for the property to be sold and the proceeds divided. ANAND LAW represents co-owners of real estate in partition actions in San Jose, and throughout California. The Master Agreement provides for the issuance of City of San José. Note in any manner that materially and adversely affects Systat's rights under this Agreement, the Assignment Agreement or the Partitioned Notes.