Joint and Several Liability in Mortgage and Divorce in Westland: Discharge from Joint and Several Suretyship
In a divorce in Westland, joint and several liability for the mortgage can have serious consequences. Even after leaving the property, you often remain a joint and several surety. The bank can hold you fully liable if your ex-partner does not pay. This article discusses joint and several liability, discharge from joint and several suretyship, and practical impacts, specifically for the Westland region under the District Court of The Hague.
What does joint and several liability for a mortgage in Westland mean?
Joint mortgages between partners in Westland make both joint and several sureties. The bank may approach you directly for the full debt, without first addressing your ex-partner. This applies to full liability, regardless of who actually pays. After divorce in Westland, a major risk if income decreases.
Legal basis: discharge from joint and several suretyship (art. 7:960 DCC)
Discharge from joint and several suretyship falls under Article 7:960 of the Dutch Civil Code. Possible in cases of:
- Reasonable grounds such as divorce in Westland.
- Bank consent for release.
- No reasonable interest for the bank to retain the surety, e.g., ex-partner payment incapacity.
Practical examples of mortgage and divorce in Westland
After divorce in Westland with a mortgage of €300,000, ex-partner does not pay? Bank targets you. Prevent this via:
- Bank agreement: assume the mortgage.
- New mortgage in your own name.
- Lawsuit at the District Court of The Hague (Westland district).
Example 1: Assumption of mortgage in Westland
You assume the €300,000 mortgage via agreement with the bank. You become the sole debtor; ex-partner discharged from joint and several liability.
Example 2: New financing
Ex-partner remains in the Westland property, you take out a new mortgage. Old suretyship lapses upon transfer of the property, provided ex-partner agrees.
Example 3: Proceedings at the District Court of The Hague
Bank refuses discharge? Initiate a court proceeding at the District Court of The Hague. Prove ex-partner insolvency; court must lift surety if no reasonable interest for the bank.
Help in Westland: Legal Aid Office and District Court of The Hague
Consult the Legal Aid Office Westland for free advice on discharge from suretyship. For disputes: District Court of The Hague (Westland district). This minimizes risks post-divorce.
Consequences for ex-partner
Discharge from suretyship releases you, but the ex-partner remains primarily liable. In case of default, the bank can still enforce on the property. Arrange via divorce settlement agreement to prevent issues.