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Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. The lawyer is not entitled to claim your debts against property belonging to another. Your ex wife is not liable under what is known as the Statute of Frauds - these means she is not liable for your debts unless she agreed to be in writing. You can find another solicitor to defend you here
In the mean time I would write to the solicitor as follows:
- Say he has no write to enforce your debt against the property of your ex wife;
- Say that under the Statute of Frauds she is not liable for your debts;
- You believe they are committing unlawful harassment under S.40 of the Administration of Justice Act 1970 - which is a criminal offence;
- If they do not write to immediately confirm a stay on the legal proceedings (while you obtain legal representation) you will hold them accountable for all costs incurred by you and reserve the right to report to the solicitors regulation authority
- Say in the mean time you reserve all your rights until you have obtained legal advice, including the right to deny liability for the debt.
Kind regards AJ
Thank you for your question
I note that the property remains registered in your joint names and this I am afraid is why you will struggle to prevent the lien on the title
However all is not lost and with some further information it may be possible to find a way forward.
When was the Decree Absolute and was a Financial Agreement sealed by the court at that time?