The husband’s brother-in-law received $575,000 of the sales proceeds of a marital business. This was during the time that Husband and Wife were getting divorced. The brother-in-law lived in California. The wife went to court. She asked to have the brother-in-law brought into court as part of the divorce case.
The brother-in-law tried to have the case against him thrown out of court. He argued that he lived in California and not Illinois. He argued that an Illinois court has no power to bring him into a case in Illinois. The Illinois court made him part of the case.
Both the Trial Court and the Appellate Court agreed that the brother-in-law received possession and control of the sales proceeds of a company in Illinois. Those proceeds were marital assets. Also, he had traveled to Illinois for the sale of the company. He had come to Illinois to appear in court with the husband. He kept in regular communication with the husband. He had also acted as the husband’s attorney-in-fact pursuant to an Illinois power of attorney drafted in Illinois.
In re Marriage of DiFiglio, 2016 IL App (3d) 160037.
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