Adam Leitman Bailey and John Desiderio discuss the rules regarding how parties may partition their common ownership property rights. A partition agreement may be an express statement that the right to partition is waived.This research guide includes information and resources on partition. When there are multiple claimants or joint owners to real or personal property,. The right to partition can be waived if the correct agreement is executed. How to win a partition action? A waiver is just an agreement that the right to partition will not apply in the situation. There's 3 ben in the estate myself and my sister and my aunt. 415, and also located in the. City of Euless, Tarrant County, Texas,.