All of the forms listed below are in Adobe Acrobat PDF (PDF) format. A partition action is a lawsuit between co-owners of real property who cant agree as to any aspect of the management of the property.Partition actions are lawsuits that must be filed in the county courthouse where the real estate is located. A spouse can waive the right to elective share, homestead or pretermitted share prior to or after marriage. Additional resources include a directory of local self-help centers. The equal rights defense in a property partition case can be persuasive if the party can demonstrate that they had an equal opportunity to acquire the property. Partition lawsuits require a common title or interest in the underlying property rather than two competing claims for ownership.