A waiver of the right to partition is extremely rare and requires specific circumstances rarely seen in coowned real estate in California. Solving Joint Ownership Problems in San Jose.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. While it is possible for a coowner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally.