Selling the marital home

Both my soon to be ex currently living in our marital home and myself want to sell the house. I agreed to list it. He is being slow about getting a release from representation form from his attorney so my attorney can draft an agreement on custody, child support and property. We agree on those terms but need to write up the agreement. Is it wise to accept an offer on the home before property is formerly agreed upon in writing? What if the real estate agency cut an equal check to myself and my future ex as he suggested?

You may feel free to go through with the sale of the home, and the proceeds can be issued in two equal.