Partition Action Waiver Addendum

This addendum affirms the Co-Owners’ mutual intention to maintain stable co-ownership for a reasonable period and avoid premature or unilateral forced sale of the Property. It establishes a limited waiver of partition rights, outlines conditions under which exceptions apply, and prevents indirect attempts to circumvent this protection

1. Property Information

Property Address

Effective Date of Agreement

Property Address

Co-Owners:

Co-Owner One

Co-Owner Two

Co-Owner Three (if applicable)

Co-Owner Four (if applicable)

Co-owner one price

2. Waiver of Partition Rights

No Co-Owner shall initiate or support any legal action seeking partition, judicial sale, or court-supervised division of the Property for a period of five (5) years from the Effective Date of this Agreement (the “Minimum Holding Period”).

This waiver applies regardless of whether title is held as joint tenants or tenants in common.

During the Minimum Holding Period, the Co-Owners agree to pursue only the exit strategies and dispute processes expressly set forth in the Real Estate Prenup Agreement

3. Exceptions to Waiver

Partition or forced sale actions may be permitted only under the following circumstances, and only after mandatory mediation has been attempted:

3. Exceptions to Waiver

Written consent of all Co-Owners

Material and uncured breach of contract (e.g., failure to pay, refusal to participate in sale, property damage, legal obstruction)

Death of a Co-Owner, if buyout terms are refused or unfulfilled within the prenup timeline

Judgment creditor enforcement after exhaustion of other remedies

Untitled

A Co-Owner may not assign or transfer their share to a third party for the sole purpose of enabling a partition action.

Any successor, heir, transferee, or creditor who acquires an ownership interest during the Minimum Holding Period shall be bound by this waiver, including via foreclosure, estate transfer, or court order.

If a creditor or outside party acquires an interest in the Property, the remaining Co-Owners shall have the right to purchase that interest at the fair market value prior to any partition proceeding

5. Contributions, Credits, and Interim Buyouts

To reduce the risk of financial dispute:

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If one Co-Owner contributes more than their share of ownership or expenses (e.g., repairs, taxes, mortgage), they shall be entitled to documented reimbursement or equity credit during any future sale or buyout.

If a Co-Owner becomes unable to participate in ownership (due to divorce, insolvency, or relocation), the remaining Co-Owners shall have first right to buy out their interest based on an agreed valuation method (see Exit Strategy Clause).

6. Enforceability

This addendum is made in accordance with New York Real Property Actions and Proceedings Law (RPAPL) §901 and §993. All parties acknowledge that the right to partition may be waived by contract if reasonable in scope and duration

The waiver shall survive death, transfer, or substitution of a Co-Owner and bind any successor or representative unless otherwise agreed in writing.

7. Signatures

By signing below, the Co-Owners acknowledge that they have read, understood, and agreed to the terms of this Partition Action Waiver Addendum

Co-Owner A:

Name

Signature

Date

Co-Owner B:

Name

Signature

Date

Co-Owner C (if applicable):

Name

Signature

Date

Co-Owner D (if applicable):

Name

Signature

Date

Protect Your Investment, Secure Your Partnership