Waiver of Right to Partition. While it is possible for a coowner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally.A partition agreement may be an express statement that the right to partition is waived. A waiver is just an agreement that the right to partition will not apply in the situation. When two or more people own the same property, one of the owners CAN force a sale of the jointly owned property via a partition action or lawsuit. How can I make a payment? View prior court costs and waiver lists.