Ex Parte Kirkley

This is a divorce case. The wife appeals, contending that the Court of Civil Appeals erred in upholding the trial court's division of property. We reverse.

The facts are set out in the Court of Appeals' opinion, dated September 9, 1981.

Patricia Kirkley contends that the Court of Civil Appeals erred in upholding the trial judge's order to pay $95,000 from the sale of the principal residence of Patricia and Billy Kirkley to Mr. Kirkley's former spouse, who was not a party to the divorce proceeding. The wife argues that Nell Kirkley, the former spouse, should be excluded from the distribution so…