Legal Question in Real Estate Law in California

In general, when two (or more) people co-own property - either real estate or personal property - one co-owner has a legal right to end the co-ownership by filing a special kind of lawsuit requesting the court to "partition" the property. This is a so-called partition action, covered by Code of Civil Procedure sections 872 et seq. The name "partition" arose from the earlier practice of ending the co-ownership by dividing the subject property between the co-owners, which worked pretty well when most property was farms, but with urbanization and zoning and subdivision laws, most modern partition cases end up in a court-ordered sale. One of the few defenses that can prevent a court from ordering partition is waiver, and when the co-owners have previously agreed to something that implies continued co-ownership is necessary or desired, e.g., because they are building on the property, they likely will be found by the judge to have waived their otherwise automatic right to end the co-ownership through partition. I can't tell from the mere statement "we agree to leave everything the way it is" is sufficient to constitute a waiver of the right to partition....maybe it is, maybe not. Is it in writing? (Not necessary, but it helps). If there is a partition action brought, the judge hearing the case has broad powers, including getting new appraisals, ordering the division of the net proceeds of sale in different proportions than the way title was held (to reflect who paid the bills, among other things, such as property taxes, mortgage payments, insurance, repairs, and to some extent, improvements). The judge can also make adjustments to reflect profits from rental activities that benefitted one co-owner unfairly. Finally, the judge will take cognizance of what the divorce decree said and what the parties may have agreed upon in making any voluntary divorce settlement. So, I can' predict the outcome, but it should be pointed out that there is a way to terminate co-ownerships when one co-owner becomes dissatisfied. Finally, I should add that most partition lawsuits are settled out of court when one party realizes the inevitable outcome and that settlement is cheaper than litigation.