sjohns6, Thanks for stopping by and giving your thoughts. I agree with both you and job that I need/want him to do the heavy lifting. I want him to present just as much information as I am and put as much effort into that part as he's put into the idea that he wants a D. I highly doubt he will though and will do most of the work only to protect myself.
peace and job, I definitely know that in my state, the gift is his. My point isn't that I would even contest that, but why am I conceding it without him staking his claim? I would rather wait to see how he responds to my response and go from there. What if he never even tells his L that it was a gift? He's an adult, he should be able to bring forth all of his documentation to protect himself. Why am I doing that for him? Even before I knew I wasn't eligible, I thought about giving my share back to FIL. It wasn't really a gift of his own doing. He only gave it to us because H asked for it. He never would have given it to us otherwise.
I am only at this point again, because I really think I'm going to walk away with the short end of the stick. His cut from our house will be more. I will only recoup the money I've put into the home, if the value of the home has increased. He will fight me tooth and nail for his pension, so I am just trying to gather a strategy, in case I need it. In the meantime, our mortgage was due today. SIL told me he asked FIL for more money to pay it, which he did not. I ended up paying and I just see more of my savings dwindling, while he is probably using that $ on gifts for OW. It's disgusting.
It's upsetting me now, but I am trying my best to get through and I know tomorrow is another day. Thank you for your thoughts and prayers - helpful more than you know.
M:43 H:44 M:10 T:14 S:26 BD:7/21/17 H files for D:7/31/17 (haven't been served) PA:8/30/17