A partition action is a legal remedy for co-owners who can't agree on how to manage or dispose of jointly owned property. Both Parties assumes no liability for the enforcement of any agreement between any third.22 Parties pertaining to any matter of personal property disposition. A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. A partition and exchange agreement is a legal contract between divorcing couples that outlines the terms of their property division and distribution.