A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. 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 California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Generally, a waiver of the right to a partition can occur in an "agreement among co-owners of the property. Co-owners have an automatic right to request a partition action unless there is a written agreement waiving such a right. Waiver of Spousal Support. This part states that each spouse or domestic partner gives up all rights of financial support from the other.