A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. The heirs of a deceased property owner formalized the partition and administration of the inherited property through a Deed of Partition with Waiver.The owner must file a Property Owner Certification Prior to Move-Out Negotiations with the Rent Adjustment Program prior to entering into Move-Out Negotiations. A partition agreement may be an express statement that the right to partition is waived. While it is possible for a coowner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally. Before commencing a partition action, coowners should attempt to reach a voluntary partition agreement to resolve the dispute. 1221 Oak Street, Suite 536, Oakland, California 94612 , Fax . Community property cannot be partitioned.