Joint and Several Liability in Divorce in Delft: Discharge from Joint Suretyship
In a divorce in Delft, joint and several liability for a mortgage often poses a serious issue. Even after leaving the joint home, you may remain joint surety for the entire loan. The bank can therefore hold you fully liable if your ex-partner fails to pay. In this article for residents of Delft, we explain what this means, how you can apply for discharge from joint suretyship via the District Court of The Hague (Delft district), and the practical impact for you and your ex-partner. Contact Juridisch Loket Delft for free advice.
What does joint and several liability entail for a mortgage in Delft?
For mortgages in the Delft region, we distinguish between individual loans and joint loans. Partners usually enter into them jointly, making both joint sureties. The bank may recover the entire debt from one party without first approaching the other. After divorce in Delft, this can lead to high costs if your ex does not cover the monthly payments.
Joint and several liability implies full responsibility for the total mortgage debt, regardless of who actually pays. For Delft residents with a home ownership, this is crucial, especially in case of income loss post-divorce.
Legal basis: discharge from joint suretyship
Discharge from joint suretyship is laid down in Article 7:960 of the Dutch Civil Code. This provides scope in case of divorce if:
- There is reasonable ground, such as termination of the marriage.
- The bank consents to the release.
- There is no reasonable reason for continuation, e.g., if the ex-partner is unable to pay.
Article 7:961 of the Dutch Civil Code assists if the principal debtor (your ex) is no longer solvent and the bank has insufficient security, such as in case of unemployment or income reduction.
Practical steps and examples for Delft
After divorce in Delft with a joint mortgage: if your ex does not pay, the bank threatens to approach you. Apply for discharge via:
- Agreement with bank: take over the mortgage or have the ex pay in full.
- New mortgage: solely in your name, provided the property is transferable.
- Lawsuit at District Court of The Hague (Delft team): enforce release due to ex's default.
Example 1: Mortgage takeover in Delft
You and your ex had a €320,000 mortgage on a Delft property. Post-divorce, you take it over via bank agreement: you become the sole debtor, ex is discharged.
Example 2: New financing
Ex remains in the Delft owner-occupied home but does not pay. You take out a new mortgage; the old suretyship lapses upon sale/transfer.
Example 3: Proceedings at District Court of The Hague
Bank refuses discharge despite ex's default? Initiate a court proceeding at the District Court of The Hague (Delft location). Prove ex's inability; the court may lift the suretyship. Juridisch Loket Delft assists with the procedure (address: [Juridisch Loket Delft details]).
Consequences for ex-partner and tips for Delft residents
Discharge protects you, but the ex risks BKR registration or forced sale. Allocate in the settlement agreement: ex pays a share, you seek discharge. Consult Juridisch Loket Delft for notary mortgage deed and bank negotiation. Prevent lengthy collections!