De Carteret v. De Carteret
Washington Court of Appeals
615 P.2d 513 (1980)
- Written by Tammy Boggs, JD
Facts
During the marriage of Alex de Carteret (defendant) and Peggy de Carteret (plaintiff), the marital community gained an interest in Alex’s retirement fund, which he earned as a result of being employed as a teacher. In 1976, the de Carterets divorced. The divorce decree did not mention or dispose of Alex’s retirement fund. In 1978, Peggy sued Alex for judicial recognition and partition of her interest in Alex’s retirement. In defense, Alex argued that Peggy’s claim was barred by res judicata and equitable estoppel. In denying Peggy’s claim, the trial court found that the prior omission was inadvertent, that Peggy should have raised it, and that Peggy had already received a disproportionate share of community property. Peggy appealed, arguing that she was entitled to receive a share of Alex’s retirement.
Rule of Law
Issue
Holding and Reasoning (Reed, C.J.)
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