A partition agreement may be an express statement that the right to partition is waived. A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California.In other words, any co-owner can force the sale of the property. Find Your Court Forms. Waiver of Right to Partition. ANAND LAW represents co-owners of real estate in partition actions throughout California, from San Diego to Sacramento, and beyond. The document is a partition agreement between two parties to terminate their community ownership of a parcel of land and divide it between them.