Court of Appeals of Texas, Fifth District, Dallas
Appeal from the 330th Judicial District Court Dallas County,
Texas Trial Court Cause No. DF-16-13529
Chief Justice Burns, Justice Richter,  and Justice
BARBARA ROSENBERG JUSTICE.
post-divorce proceeding, Paul Yoder Shultz, Jr. appeals the
trial court's orders appointing a receiver and confirming
the sale of real property. The dispositive issue is whether
the trial court improperly modified the final decree of
divorce by allowing the sale of the former marital residence
to his ex-wife, Jennifer Royal Shultz, without a mutual
agreement on the price. We conclude it did. Accordingly, we
vacate the trial court's orders appointing a receiver and
confirming the sale of property and remand the cause for
and Jennifer divorced after fourteen years of marriage. The
final decree of divorce, rendered after a bench trial,
included provisions for the sale of the marital residence.
Specifically, the decree provided:
1. The Marital Residence shall be placed on the market within
forty-five (45) days from October 5, 2017.
2. Paul Yoder Shultz Jr. and Jennifer Royal Shultz must agree
on a realtor to list the Marital Residence on or before the
close of business on October 13, 2017. If there is no
agreement in writing as set forth, Respondent shall choose
three realtors and submit such names to Petitioner by October
16, 2017. Petitioner shall choose from said list on or by
October 18, 2017 and notify Respondent of the chosen realtor
in writing on or by October 18, 2017. Respondent has chosen
Matthew Edwards as the realtor.
3. If the Marital Residence is not listed within the
prescribed period of time, Joe Amberson is appointed as the
receiver to sell the home and Paul Yoder Shultz Jr. and
Jennifer Royal Shultz shall split such costs 50/50.
4. The property shall be sold for a price that is mutually
agreeable to Petitioner [Jennifer] and Respondent [Paul].
5. [Deleted by the parties.]
6. The net sales proceeds (defined as the gross sales price
less cost of sale and full payment of any mortgage
indebtedness or liens on the property) shall be distributed
as follows: Each party is to receive fifty percent of the net
property was not listed by the required date, and the court
appointed Amberson receiver.
order appointing receiver, signed on February 22, 2018,
required Amberson to take charge of the marital residence. He
was ordered to file with the court, within thirty days after
entry of the order, a preliminary report setting out the
identity, location, and value of the receivership assets. The
receiver was "authorized to employ employees,
accountants, and attorneys and others that are necessary and
proper for the collection, preservation, maintenance and
operation of the Receivership Assets." He was given the
authority to, in his discretion, sell ...