Discharging Joint and Several Liability in Westland

Discharging Joint and Several Liability upon Divorce in Westland

Joint and several liability means that as an ex-partner in the Westland region, you remain legally liable for the debts of your former partner, as if they were your own obligations. After a divorce, this can place a heavy financial burden, especially in a municipality like Westland with its specific housing market. Fortunately, there is a statutory option to have this liability discharged. This article discusses the procedure, relevant laws and steps, with attention to local institutions such as the District Court of The Hague (district) and the Juridisch Loket Westland.

What does joint and several liability entail?

In the case of joint and several liability, you act as a surety for someone else's debts, such as a joint mortgage or loan during the marriage. Even after the divorce in Westland, this continues to apply, unless discharge is actively requested. This is particularly problematic for mortgages on agricultural or horticultural businesses, typical for Westland.

A concrete example: a mortgage on the former marital home in Westland. Even if you no longer live there, you remain jointly and severally liable for repayment and interest if your ex cannot meet the payments. This risk is heightened in the flower auction region.

Statutory basis: when can joint and several liability be discharged in Westland?

The rules are set out in the Civil Code (CC), articles 6:109 and 6:110, supplemented by divorce rules. In Westland, you fall under the District Court of The Hague for proceedings.

Article 6:109 CC

On the basis of 6:109 CC, you can obtain discharge if:

• You request discharge from the creditor in writing.
• The creditor agrees or does not object within 14 days.

Article 6:110 CC

In the absence of a response or objection: proceed to the judge at the District Court of The Hague. Discharge follows unless there are compelling objections.

Divorce and debt allocation in Westland

In the divorce settlement agreement or via the court, assets are divided. The court may lift joint and several liability, depending on local circumstances such as incomes in the greenhouse horticulture sector.

Practical examples from Westland

Example: joint mortgage on a home near the A4. After divorce, your ex stops paying. Step-by-step plan:

1. Written request to bank/creditor, by e-mail or registered mail.
2. Wait 14 days: silence = discharge.
3. Objection? File a request with the District Court of The Hague. Consult the Juridisch Loket Westland for free advice.

The same method applies to a car loan for transport in Westland.

Rights and obligations

Overview for ex-partners in Westland:

For personal advice: visit the Juridisch Loket Westland or litigate at the District Court of The Hague (district).