A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. This deed of partition divides a property equally among heirs.Experienced real estate attorney provides 7 effective affirmative defenses to help prevent a partition action. Super Lawyers Rated! A right of first refusal is, essentially, an option contract. A partition action enables you to force the sale of property when coowners are refusing to sell. Waiver of Right to Partition. In other words, any co-owner can force the sale of the property. ANAND LAW represents co-owners of real estate in partition actions throughout California, from San Diego to Sacramento, and beyond. No penalty shall accrue to DSHS in the event the termination option in this section is exercised. 17. Waiver.