Agreed Sale of Assets

• 1). Calculate the overall value of the assets of the marriage. Before you finalize plans to sell assets as part of a divorce, you need to know the combined value of all property. You need to determine the total value to be attributed to each party to the divorce.
  
  
• 2). Make a master list of all assets to be sold. If your spouse is in agreement with the proposes sale of assets, she participates in the developing the list. If your spouse does not concur, you develop your own proposed list of property to sell.
  
  
• 3). Enter into a written agreement with your spouse regarding which assets are to be sold and how the sale is took place. The agreement does not need to be complicated. You merely set forth that you and your spouse reached agreement to sell certain assets. List the items of property to be sold. Make note in the agreement that the proceeds from the sale are to be divided between you and your spouse pursuant to further agreement of the parties.
  
  
• 4). Sell the assets either on the open market or through an auction provided your spouse is in agreement.
  
  
• 5). Place the proceeds from the sale in a separate account.
  
  
• 6). Prepare an accounting summarizing how much was obtained from the sale of each individual asset. The divorce judge may desire to review this information at a later date.
  
  

Court Ordered Sale of Assets

• 1). Prepare a motion to liquidate or sell assets. The clerk of the court likely has forms or samples of motions you can use to develop your own motion.
  
  
• 2). List the assets you desire to sell, noting that the proceeds from the sale are to be divided between the parties pursuant to further order of the court.
  
  
• 3). Deliver a copy of the motion to liquidate assets to your spouse.
  
  
• 4). File the motion to sell assets with the clerk of the court.
  
  
• 5). Obtain the date and time for a hearing on your motion to liquidate assets from either the clerk of the court of the administrative assistant of the judge presiding over your divorce case.
  
  
• 6). Provide your spouse with the date and time of the hearing on the motion to sell assets.
  
  
• 7). Attend the hearing and present evidence and arguments in support of the sale of the assets.
  
  
• 8). Obtain an order from the court approving the liquidation of the assets, if the court approves your motion.
  
  
• 9). Sell the assets, placing the proceeds in a special bank account.
  
  
• 10
  
  Prepare a full accounting of the sale to be filed with the court in your divorce case.