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.A partition action enables you to force the sale of property when coowners are refusing to sell. The right to partition is subject to waiver. A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. This Waiver and Release is a general release, and is expressly made with knowledge of and a waiver of reliance on, the provisions of section. A partition lawsuit can be pretty difficult to stop, though it is not impossible with help from an experienced property dispute lawyer. Find Your Court Forms.