Boy, I messed up my response to OwnIt. Somehow my text ended up in the quotes. Here's how it was supposed to look:
Originally Posted By: OwnIt
If he still doesn't bite, tell your attorney to hang back and let him burn money proving his case. He's the plaintiff which means he has the burden of proof. Unless you are going to add a new cause of action against him you can deny his claims and put him to his proof without the need to bring your own claim.
The thing that is stressing me out is that his claims were all facts. "I contributed this much" "She contributed this much" "She moved out and isn't paying". So, OwnIt, when you say let them burn through trying to prove their points, their points are not going to be difficult to prove. They're all true. The case is a giant exercise of omission of all relevant details.
My logic boils down to "Holy cow this was all his choice and why is he trying to unload the financial consequences onto me when it was all his choice?" So my items are a bit less straightforward but no less true.
I've also got evidence of my continued good faith actions and his efforts to trick me into signing my rights to the property away.
I also called our MC, whom we saw for two sessions, since she knows that this was all his choice (he expressed it in counseling. She tried to calm him down and ask him to not make decisions when he's so angry to no avail). I asked if I needed her to write a memo with what she heard, if she could do that and would feel comfortable doing it. I had to leave a voicemail and I'm waiting to hear back.
This doesn't mean I'm going to counter-file, I'm just trying to organize things in my head enough that I know what I'm working with. I think I'm doing some of my attorney's work for him in the process!
