Liable for mortgage even though not an owner of the property?

[Yellowishes]

My friend married 3 years ago to a man who already owned a home and had a teenage daughter. Teenage daughter only visited every other weekend - primarily with the mum an hour away. Friend moved in but wasn't put on mortgage or bills as husband wanted to stay as single occupant on council tax and wanted to keep finances separate. She's £800 a month into his account as a contribution.

Marriage completely sour now and she's threatened to leave. Husband has said she'll be liable for mortgage contributions as she's married to him even though not on mortgage and isn't primary earner! She's saying now she has to stay with him as she can't afford rent for her own place as well as the £800 per month to him.

This sounds like financial control to me. Is this correct?

He's fraudulent.

She needs legal advice as married she has potential claim on his assets.

Can't see how she has to pay his mortgage if not named though, but a solicitor needs to help her.

She has no legal obligation to pay anything..

If she’s not named on either the mortgage or deeds she’s not liable. He’s talking shit.
She does however need legal advice and she can leave him.

She is not liable to pay his mortgage for a property in his name.

However if she is married to him she may actually have a claim against any equity in the property.

She should stop making the £800 contributions and move out and use that money to rent somewhere.

If she has assets too (pensions, savings etc) then he may have a claim against those. However she should get some independent legal advice but there is no liability for a mortgage she isn't a party to.

Call his bluff - when they divorce I assume she'll claim for half the house he says she's liable for?

She needs legal advice. And he’s been fraudulently claiming a council tax discount.

She definitely needs legal advice as soon as possible. Both to secure any property rights she has accrued and to determine if she's liable at all for the conspiracy to defraud the council tax.

She can tell him that he can use the rent he owes her for living in the house she now half owns.

Nope. Just stop her 800 payment, pack her bags and leave and start divorcing

Not sure about financial control but he's wrong. She's not on the mortgage, so she's not liable. She can leave him and walk away. Of course, she can also demand her share of the equity over the last 3 years.

By claiming single persons occupancy for council tax he's defrauded the local council while she lived there. All it needs is for her to phone and speak to her local council

Except the Family Courts tend not to like petty behaviour like this.

What is petty about reporting fraud? But they are a married couple, living together they would both be liable for the Council Tax and have both commited fraud. But yes, I would just point out to him that if he wants her to continue paying the mortgage, she would rather sell the house and take her share.

It's considered petty because it's normally a matter concerning a couple of hundred pounds that creates unnecessary further animosity in a case worth hundreds of thousands of pounds. The Family Court aren't the right place to deal with fraud anyway and they won't want to.

@winteriscoming2022 did not suggest attempting to deal with fraud in the Family Court. She suggested reporting it to the council. The courts will have no problem with this.

@Yellowishes As others have said, she is not liable for the mortgage. She should stop paying him and move out.

Yes she could be entitled to as much as half the house so she could force the sale of it! - or he lets her leave without being reported for fraud!

It might be worth seeing a solicitor.

Oh no I’ve just been guilty of posting on a zombie thread. So sorry.

But actually it would be interesting to know what she did. Any update op?