A partition action enables you to force the sale of property when coowners are refusing to sell. Many premarital agreements in Texas simply include the waiver within the written agreement, and there is no case law which addresses this issue.75-2-213 Waiver of right to elect and of other rights. (1) The right of election of a surviving spouse and the rights of the surviving spouse to homestead. If you want to waive your rights, complete this form, sign it, and return it to the. Petitioner. A marital property partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. This is a document through which the parties agree that particular property will be "separate property" and will not be divided. An example of circumstances in which the right to partition was waived is found in Inter.