A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. Generally, a partition action cannot be stopped absent a valid waiver.A partition action enables you to force the sale of property when coowners are refusing to sell. Unless a co-owner has signed a waiver, an owner has an absolute right to partition his or her interests in the property and force a sale of the property. Experienced real estate attorney provides 7 effective affirmative defenses to help prevent a partition action. Super Lawyers Rated! Community property cannot be partitioned. One such circumstance is where the parties have signed a partition agreement containing an express waiver of the right to partition. ANAND LAW represents co-owners of real estate in partition actions throughout California, from San Diego to Sacramento, and beyond. Name). Bar No. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO.