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Shultz v. Shultz

Court of Appeals of Texas, Fifth District, Dallas

June 18, 2019

PAUL YODER SHULTZ, JR., Appellant
v.
JENNIFER ROYAL SHULTZ, Appellee

          On Appeal from the 330th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-16-13529

          Before Chief Justice Burns, Justice Richter, [1] and Justice Rosenberg.[2]

          MEMORANDUM OPINION

          BARBARA ROSENBERG JUSTICE.

         In this 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 further proceedings.

         BACKGROUND

         Paul 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 sales proceeds.

         The property was not listed by the required date, and the court appointed Amberson receiver.

         The 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 ...


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