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Joint and Several Liability in Mortgage and Divorce: Discharge and Risks for the Ex-Partner

In divorce in Westland, the ex-partner often remains jointly and severally liable for the mortgage. Learn how to apply for discharge at the District Court of The Hague, avoid risks, and protect your position with help from Juridisch Loket Westland.

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Joint and Several Liability in Mortgage and Divorce: Discharge and Risks

In a divorce in the Westland region, the ex-partner often remains jointly and severally liable for the mortgage on the family home, even if they no longer live there. This entails financial risks, such as a claim from the bank in case of payment arrears. Fortunately, you can apply for discharge or limit the liability. In this article for Westland residents, we explain how it works, how to proceed via the District Court of The Hague (district), and what risks there are. Contact Juridisch Loket Westland for free advice.

What is joint and several liability in a mortgage?

In a mortgage loan in Westland, often two or more persons are jointly and severally liable. The bank can hold all debtors liable for the full debt, regardless of who lives there. After divorce, the ex remains jointly and severally liable, even if the property becomes solely owned by the other party.

Example from Westland: Jan and Marja from 's-Gravenzande buy a house with a mortgage. After divorce, Marja stays in the house, Jan moves to Naaldwijk. The bank can still hold Jan liable for the entire mortgage if Marja does not pay.

Legal basis in the Netherlands

Joint and several liability is regulated in:

  • Book 3 DCC, Title 3.5 (Mortgage Law): Rules for mortgages and liability.
  • Book 7 DCC, Title 7.1: Consequences of divorce for property law, including mortgages.
  • Article 3:233 DCC: Discharge from joint and several liability.
For Westland, this falls under the District Court of The Hague (Family Law team).

When do you remain jointly and severally liable in Westland?

You remain liable if:

  • You and your ex took out the mortgage together with a bank in the region.
  • You have not been removed from the agreement.
  • No new bank arrangement terminates your liability.

Consequences if payments are not made

In case of default, the bank can:

  • Hold you directly liable for everything.
  • Initiate collection via payment order or enforcement order.
  • Impose wage garnishment.
  • Execute the property via the District Court of The Hague.

Risks for your ex-partner

Without discharge, your ex risks:

  • Full financial pressure in case of your default.
  • Credit damage, possibly bankruptcy.
  • Loss of home due to forced sale.
Protect yourself via Juridisch Loket Westland.

How do you apply for discharge in Westland?

Follow these steps:

  1. Consult Juridisch Loket Westland for intake (free for low incomes).
  2. Ask the bank for discharge or transfer of the mortgage.
  3. Bank refuses? Start proceedings at the District Court of The Hague (location The Hague or Lelystad equivalent, district The Hague).
  4. Use a lawyer or pro bono via the Legal Aid Board.

Practical tips for Westland

  • Execute a notarial deed upon transfer of the house.
  • Check BKR registration.
  • Report address change to the bank and Westland municipality.

Local resources

  • District Court of The Hague: Family law department for proceedings.
  • Juridisch Loket Westland: Free advice, locations in Poeldijk and Kwintsheul.

Avoiding risks after divorce

Negotiate the mortgage in the settlement agreement. In case of disagreement: mediation via the District Court of The Hague. Unique to Westland: local notaries specialized in agricultural mortgages (many greenhouse owners).