I need clarification of something written in my brothers divorce
decree. I want to make sure that I am reading it correctly.
There are two points.
"The parties will continue to cooperate with the realto in showing the home and following the realtor's advice as to any sales price. All of the furniture in the marital home shall be equally divided between the parties with the exception of hot tub which shall belong to the Wife. When the marital home is sold, the equity shall be divided equally between the parties; however, the wife shall receive no less than $4300 from the sale of the home if that is available. If the house does not bring enough pay the wife $4300, the Husband agrees to pay her the difference between $4300 and the actual amount she receives from the sale of the home within 10 days of the closing of the home."
Then listed a couple of points later is this.
"$6000. There was $6000 made available for the valuation of the Husbands business which was paid to the Wife's attorney. $2500 has been given to Marcus Hodge as a retainer on that valuation. The Wife will attempt to retrieve the funds from Marcus Hodge and therefore have a total of $6000 in possession of her attorney. The Wife shall receive $1700 of those funds immediately on approval of the agreement to be used for the child's tuition. The balance will be given to Dianne Allison (this is our mother
who fronted the money) to keep until the marital home sells. If there is not sufficient equity from the sale of the marital home to provide the Wife $4300, these funds may be used to pay the amount due to the wife. If there is enough money from the sale that the Wife will receive $4300, Dianne Allison shall be entitled to the $4300 within 30 days of the date of the Court Order setting the date of the sale."
At this point the house has been foreclosed on. The ex wife is saying that my brother pay her $4300. However, if I am reading the decree correctly, $2500 of that money was to be retrieved from when she retained someone to value my brother's business. This valuation was never performed, but the accountant refused to refund the retainer. So it looks to me as though she is only entitled to $1800.
Am I reading this correctly??