Parties must formally and timely preserve their rights (after reasonable and timely good faith efforts) to ensure compliance with all discovery orders. (d) Oral waivers of partition rights are unenforceable.The heirs of a deceased property owner formalized the partition and administration of the inherited property through a Deed of Partition with Waiver. While it is possible for a coowner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally. Judicial Council Form FL-100. Summons. A partition and exchange agreement is a legal contract between divorcing couples that outlines the terms of their property division and distribution. The document is a partition agreement between two parties to terminate their community ownership of a parcel of land and divide it between them. The following language in a separation agreement has been found to waive the right to partition: i. Generally, a waiver of the right to a partition can occur in an "agreement among co-owners of the property. The Transmission Control Agreement and this Section 16.2.