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Robert Raymond Colbert
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Robert Colbert’s Answers

44 total


  • Do I need a real estate attorney to evict my son-in-law?

    What are my rights as the legal homeowner in getting my son-in-law out of the home I own. He has not made a payment in 6 months. He believes he owns the home because he has been making the payments. There was a verbal agreement that when the hou...

    Robert’s Answer

    Depending on the facts of the situation, you'll likely need to file an action in court for Unlawful Detainer or for Ejectment. This is a complicated situation since he believes he has a legal interest in the property. Most definitely a situation where an attorney can assist you in determining the right direction and preparing the necessary paperwork. I would suggest you contact an attorney.

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  • Getting divorced. My husband won't turn over his debt/asset matrix. What can I do to speed this along?

    Separated since Dec 2014. Divorced filed in Jan 2015. His lawyer has my financial statement, but I have nothing of his. He tried to force me to sign over the house and property over to him, but I refused. He is a belligerent person and I believe w...

    Robert’s Answer

    Local court rules in Okanogan County require the timely exchange of the financial statement and debt/asset matrix. Bringing a motion in front of the court to require him to do so seems like the quickest way to force action on his part.

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  • First thank you for your help. Can child support take my l&i settlement?

    None

    Robert’s Answer

    See http://www.washingtonlawhelp.org/resource/how-can-i-collect-child-support?ref=XltI5.

    Labor and Industries payments can be garnished by DCS.

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  • Started our custody case in AZ, but now live in WA, and have for the last 3 yrs. I want to make some changes, where do I start?

    we have joint custody, and I want to get full custody,

    Robert’s Answer

    Your question raises some issues. The first is whether this court can make a determination in your case after it an initial determination was made in AZ.

    RCW 26.27.221 likely governs and states that a court in this state may not change a determination made by another state unless 1) a court in this state could make an initial determination and 2) that the parents and children do not reside in the other state. RCW 26.27.201 governs a court in this state making an initial determination and states that the children must have lived in this state with a parent for 6 months or more.

    Based on the above law and your limited facts it would appear there is a possibility this court could make a modification to the AZ court's determination. It would require an appearance in court just as if you were starting a new case. I would encourage you to consult an attorney if you choose to move forward so that the proper pleadings are completed and the proper arguments are made. Best of luck!

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  • What to do when there is no will.

    My father and his wife have both passed away. they did not have a will, or life insurance but do own land worth abt. 40,000. I am sure they have med. bills. they do not have any significant money. what do I need to do to collect their personal bel...

    Robert’s Answer

    If an individual dies in the State of Washington it is called dying "intestate". A series of statutes govern how the assets of the estate will pass down to any living heirs of the person who has passed. A probate must be completed to distribute the assets of the estate to the heirs of that estate. In this case, the assets would be the land. First you'd need to give notice to any creditors who are owed money. From what you describe, your father's wife's sister may hold claim to some or all of your father's wife's estate and you may hold claim to some or all of your father's estate. I would strongly encourage you retain an attorney to advise you on this issue.

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  • How do I get my gun rights restored in Washington State? I was convicted of a misdemeanor with a gun enhancement in 1996

    In February of 1996 I was arrested for possession with intent of less than 40 grams of marijuana and pled guilty in July of 96. I was sentenced in November of the same year. They gave me a gun enhancement charge because I owned guns- not stolen ...

    Robert’s Answer

    You may petition the court to have your gun rights restored. The Okanogan County Superior Court can issue a court order restoring gun rights for an eligible person. There are basic criteria: three years since the conviction if it was for a misdemeanor, and there are no pending criminal charges or arrest warrants. I would suggest that you retain a lawyer as they will be able to assist you with the documents and presenting your petition to the court.

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  • Can I sue for a civil matter and represent myself in a local court?

    We were victims of a sewage spill while the city was replacing a sewer line. Our basement was flooded 4-6 inches deep with raw sewage. The contractor's insurance company cleaned the basement and settled on the claim for the contents(depreciated)...

    Robert’s Answer

    You may sue on your own behalf and represent yourself in court. There are many resources online with tips and advice for doing so. However, I would encourage you do retain a lawyer for a case as complex as this.

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  • Can a petitioner remove a respondent's personal and community property from the home before a final order?

    My boyfriend and I have lived together for 10 years. We equally paid the mortgage, household bills, etc. We also had a joint bank account, and own a vehicle together. We have never had a domestic violence situation, no physical altercations, no...

    Robert’s Answer

    Often a temporary order is entered in a dissolution case (or when distributing property of a committed intimate relationship) to prevent disposal of community property before the order. However, if there is no order in place preventing the disposal of property there is nothing to prevent the someone from doing so. They may be ordered in the final order to distribute that property to the other individual, in which case the person who disposed of property may be responsible for the value of the goods.

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  • Can i file for default? if so can my wife contest it?

    I filed for dissolution of marriage. my wife was served about 6 months ago she has not responded to the court in any way. can I now file for default? if so will she be notified of the motion? and if she is could she show up to the default to conte...

    Robert’s Answer

    If she has not responded to your petition you are entitled to file for default. If she has appeared in any way (written responses, calls to your attorney, appearing at court hearings are all ways she MAY have appeared) than she would be entitled to notice of the hearing. If she shows up at the hearing she will need to prove to the judge a valid reason why she was unable to responded before your default motion. If she has not appeared at all then this process will be easier because she will likely not receive notice of the hearing. As always, I recommend consulting an attorney before drafting a motion or appearing in court.

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  • I have been living with a man for the last 8 years, we've split. Am I entitled to anything even though everything is in his name

    he owns a business where I worked for 6 plus years free. We purchased a home and many things with value. He wants me to move with no money or a job, and take only my personal things.

    Robert’s Answer

    From the sounds of it you may be in a committed intimate relationship. A "committed intimate relationship"is used by the Washington court system to refer to a "stable, marital-like relationship where both parties cohabit with knowledge that a lawful marriage between them does not exist." Five factors are relevant: (1) continuous cohabitation, (2) duration of the relationship, (3) purpose of the relationship, (4) pooling resources and services for joint projects, and (5) the intent of the parties. When a committed intimate relationship exists and then the parties split up, the assets are distributed by the court similar to how they are distributed between parties in a divorce. There are some differences, and not every relationship fits the definition of a committed intimate relationship. You should contact an attorney who can better review the facts of your relationship and your assets and advise you on the best way to go forward. This type of case is usually something that you should not attempt to do on your own.

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