A partition action enables you to force the sale of property when coowners are refusing to sell. Solving Joint Ownership Problems in Santa Clara.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. A partition lawsuit can be pretty difficult to stop, though it is not impossible with help from an experienced property dispute lawyer. On this page below is a list of LOCAL forms that can be completed online and then printed. The form you need may be in this list. Generally, a waiver of the right to a partition can occur in an "agreement among co-owners of the property. Find Your Court Forms. The agreement is binding upon the signatories and future heirs.