Discharging Joint and Several Liability in Delft

Discharging Joint and Several Liability in Divorce Proceedings in Delft

Joint and several liability means that as an ex-partner in Delft, you remain legally responsible for your ex-partner's debts, as if they were your own obligations. After a divorce, this can be financially burdensome. Fortunately, in the Delft region, you can discharge this liability under specific conditions. 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 Delft.

What does joint and several liability entail?

With joint and several liability, you act as a guarantor for another person's debts, such as a joint mortgage or loan during the marriage. Even after divorce in Delft, this remains in effect unless you take action to obtain discharge.

A typical case in Delft is the mortgage on the former marital home. If both partners signed, you remain jointly and severally liable for repayment and interest, even if you live elsewhere. Problems arise if your ex cannot meet the payments.

Legal basis: when is discharge possible in Delft?

Discharge from joint and several liability is laid down in the Civil Code (BW), Articles 6:109 and 6:110. The Divorce Act regulates the division of debts post-divorce. In Delft, this falls under the District Court of The Hague.

Article 6:109 Civil Code

Under Article 6:109 Civil Code, you can obtain discharge if:

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

Article 6:110 Civil Code

If there is no response or objection, you can enforce discharge via the District Court of The Hague. The court will approve this, unless there are compelling objections.

Divorce and debts in Delft

In a divorce settlement agreement or court judgment, assets and debts are divided. The court may lift joint and several liability, depending on your specific circumstances in Delft.

Practical examples in Delft

Example: joint mortgage on your ex-home in Delft. Your ex stops paying. Steps:

1. Written request to the bank for discharge.
2. Wait 14 days: no response = discharge.
3. Objection? Proceed via District Court of The Hague. Seek advice from Juridisch Loket Delft.

The same route applies to a joint car loan.

Rights and obligations

Overview:

Help in Delft

Visit the Juridisch Loket Delft for free advice or initiate proceedings at the District Court of The Hague (district). Prompt action prevents financial damage.