A partition action enables you to force the sale of property when coowners are refusing to sell. Community property cannot be partitioned.A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. Find Your Court Forms. Oblicon Fill in The Blanks-Beastmode. Every case has resulted in a sale to either a third party or one of the coowners. A partition lawsuit can end in the forced sale of jointly owned real estate. Waiver and ratification are overlapping concepts in contract law because ratification is a form of waiver, as… Ousley v.