(d) Oral waivers of partition rights are unenforceable. 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. A partition action enables you to force the sale of property when coowners are refusing to sell. The heirs of a deceased property owner formalized the partition and administration of the inherited property through a Deed of Partition with Waiver. Thus, plaintiff must first establish an ownership interest in the real property sufficient to bring a partition action. If an agreement is successfully negotiated, a probate lawyer can help with drawing up a legally binding contract for both parties to sign. Sign Up. You might also like. In a partition action, the main exception is when the parties have executed a partition agreement. Ways to Resolve Partition Disputes Through a Family Settlement Agreement.