The court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide.These computer programs ask you questions. The program then uses your answers to make a form for your case or to make an information sheet to help you in court. (d) Oral waivers of partition rights are unenforceable. A partition action forces the sale of jointly owned real estate. Many people opt for a simple approach to dividing their assets when making their estate plans. For example, a waiver or release of all rights in the estate of the other spouse, or a waiver or release of a right of election against any last will or. A partition agreement may be an express statement that the right to partition is waived. An action for partition is a type of litigation and is an adversarial process.