In re Marriage of de Carteret

4 Citing cases

  1. Wagers v. Goodwin

    92 Wn. App. 876 (Wash. Ct. App. 1998)   Cited 14 times

    We have also ruled that "{p}ension benefits constitute property rights in the nature of deferred compensation, even if the benefits are not presently payable." In re Marriage of Wright, 78 Wn. App. 230, 235, 896 P.2d 735 (1995). See In re Marriage of de Carteret, 26 Wn. App. 907, 615 P.2d 513 (1980) (former spouse brought a partition action to claim a share of an undistributed state employee pension). See also In re Marriage of Molvik, 31 Wn. App. 133, 135, 639 P.2d 238 (1982), where the court said:

  2. Mackessy v. Allinger

    No. 33827-4-III (Wash. Ct. App. Dec. 15, 2016)

    Ambrose v. Moore, 46 Wash. 463, 466, 90 P. 588 (1907); In re Marriage of Monaghan, 78 Wn.App. 918, 929, 899 P.2d 841 (1995); In re Marriage of de Carteret, 26 Wn.App. 907, 908, 615 P.2d 513 (1980); Seals v. Seals, 22 Wn.App. 652, 655, 590 P.2d 1301 (1979); Martin v. Martin, 20 Wn.App. 686, 688, 581 P.2d 1085 (1978).

  3. Marriage of Molvik

    31 Wn. App. 133 (Wash. Ct. App. 1982)   Cited 9 times
    Holding a former spouse may claim an interest in community property assets that were not distributed in the decree of dissolution in a separate and independent civil action

    However, in most instances a separate independent civil action should be commenced. See Olsen v. Roberts, supra; In re Marriage ofde Carteret, 26 Wn. App. 907, 910 n. 2, 615 P.2d 513 (1980).

  4. Marriage of Monaghan

    78 Wn. App. 918 (Wash. Ct. App. 1995)   Cited 21 times
    Adjudicating rights in property not disposed of in the decree requires an independent equitable partition action

    [7] Community property not disposed of by decree is held by the parties as tenants in common. In re de Carteret, 26 Wn. App. 907, 908, 615 P.2d 513 (1980). The adjudication of rights in property not disposed of in a dissolution decree requires an independent action for partition. Devine v. Devine, 42 Wn. App. 740, 743, 711 P.2d 1034 (1985).