Brown v. Brown

Benham, Chief Justice.

The parties were divorced in April 1989 by a judgment which incorporated a settlement agreement. A portion of the agreement required Mr. Brown to pay Mrs. Brown, in monthly installments, “a sum estimated to be $40,000 for her share of the equity in the homeplace of the parties.” In exchange, Mrs. Brown agreed to execute a quitclaim deed to Mr. Brown for her interest in the homeplace. The agreement went on to state that

Wife’s equity is estimated based on the estimated value of the homeplace . . . less encumbrances [and certain expenses]. The equity amount shall be…