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

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

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Joint and Several Liability in Mortgage and Divorce in Westland

In Westland, many couples purchase a home together with a mortgage, whereby both partners are jointly and severally liable. After divorce, this joint liability often persists unless discharge is granted. This article discusses the rules, procedure via District Court of The Hague (district), and assistance from Juridisch Loket Westland, plus risks for the ex-partner.

Meaning of Joint and Several Liability for Mortgage in Westland

Joint and several liability means that each co-debtor is fully responsible for the entire mortgage debt. The lender may hold one party accountable for 100%, even post-separation. In the Westland region, this is common with local mortgage providers.

Westland Example: You have a mortgage of €350,000 on a house in 's-Gravenzande. After divorce, one partner gets the house, but the bank can still hold the other in Naaldwijk fully liable if payments are not made.

Statutory Basis

Regulated in Civil Code Book 3:

  • Art. 3:266 CC: Joint and several debt allocation.
  • Art. 3:272 CC: Discharge option from joint liability.
  • Art. 3:273 CC: Exceptions to discharge.
The Wft requires banks to be transparent about divorce risks.

Discharge Procedure for Joint and Several Liability in Westland

Apply for written discharge with the mortgage lender. A local notary in Westland can assist. Steps:

  1. Submit Application: Letter to the bank requesting discharge, referring to the divorce and house allocation.
  2. Bank Assessment: Refusal possible if ex-partner lacks sufficient income for takeover. Alternative: refinancing.
  3. Ex-Partner Agreement: Draft indemnity clause via notary, prove financial capacity.
  4. Notarial Recording: Register deed with the Land Registry. In case of dispute: proceedings at District Court of The Hague (family law team Westland).

Reasons for Refusal of Discharge

Bank refuses if:

  • Ex-partner is financially incapable (no NHG or new loan).
  • Remaining debt too high for solo takeover.
  • No collateral security for bank.
In Westland: consult Juridisch Loket Westland for free intake.

Risks for Ex-Partner After Divorce

Even with the house, the non-resident ex remains jointly and severally liable. Risks: BKR registration on default, attachment on income, foreclosure. Via District Court of The Hague, you can enforce division of property with indemnity.

Westland Tip: Enter into a covenant with a notary for mortgage transfer. Juridisch Loket Westland assists with model letters and procedure.

Assistance in Westland: District Court of The Hague and Juridisch Loket

  • District Court of The Hague (Westland district): Handles discharge requests and divorce settlements.
  • Juridisch Loket Westland: Free advice on joint and several liability, make an appointment for mortgage check.