A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. Generally, a waiver of the right to a partition can occur in an "agreement among co-owners of the property.Notice and Waiver of Rights and Request for Remote Video Proceedings, Local. A partition agreement may be an express statement that the right to partition is waived. 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 action enables you to force the sale of property when coowners are refusing to sell.