Be sure to replace the lines and instructions with the correct information. For example, you might replace ______________________ (name) with Petitioner's name. You can modify any of this sample language if you need to. You are ultimately responsible for the language in the documents you submit to the court. If this sample language does not say what you need it to say, then don't use it, or modify it so that it does.
This property shall be sold.
(1) ______________________ (name) shall list this property with a licensed real estate agent agreed on by both parties. If the parties cannot agree on a listing agent by ____________________ (date) each party shall submit three names to the court and the court will select from those names.
(2) ______________________ (name) shall sign a listing agreement which offers this property initially for $________________.
(3) ______________________ (name) shall list this property no later than ______________________ (date).
(4) Should ______________________ (name) fail to list this property on or before ______________________ (date), ______________________ (name) shall have the right to enter a contract with a licensed real estate agent listing the property.
(5) Should this property not sell by ______________________ (date) the price shall be lowered by $______________ and continue to be lowered each month thereafter by an additional $________________ until such time as the property sells.
(6) Both parties shall continue to be responsible for payments, taxes and insurance until the property is sold.
(7) ______________________ (name) shall have the exclusive right to the use and possession of this property pending the final sale of the property.
(8) The proceeds from the sale of this property shall be applied as follows:
(a) First, to pay expenses of sale.
(b) Second, to retire any and all mortgages and liens. If after paying all of the available proceeds from the sale towards the mortgages and liens there remains money owing on any mortgage or lien for this property, the parties shall each be responsible for one half of those payments.
(c) Third, to pay all marital debts and obligations.
(d) Last, any balance remaining shall be divided equally between the parties.