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:
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).
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).
[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).