Joint and Several Liability in Divorce in Zoetermeer: Discharge from Joint Suretyship
In a divorce in Zoetermeer, joint and several liability for the mortgage can cause serious problems. Even after leaving the property, you remain joint surety for the entire loan. The bank can therefore hold you fully liable if your ex-partner does not pay. This article discusses what this entails, how to arrange discharge from the joint suretyship via the District Court of The Hague (district Zoetermeer) and the consequences for both parties. Contact the Legal Counter Zoetermeer for free advice.
Meaning of Joint and Several Liability for Mortgages in Zoetermeer
Mortgages exist in single or joint form. For partners, joint liability as joint surety usually applies, whereby the bank holds both of you 100% responsible. In the event of default by your ex-partner, the bank will go directly to you, without first pursuing your partner.
Joint and several liability implies full personal responsibility for the entire debt, regardless of the actual payer. This places heavy pressure on your finances, especially in the Zoetermeer region where house prices are high and incomes can decrease post-divorce.
Statutory Rules for Discharge: Civil Code Articles and Procedure
Discharge from joint suretyship falls under Article 7:960 of the Dutch Civil Code. This allows termination in cases of:
- Reasonable grounds, such as divorce and division of the property.
- Bank consent for termination.
- No reasonable interest for the bank to retain you (e.g., ex-partner unable to pay).
Article 7:961 of the Dutch Civil Code assists if your ex-partner cannot bear the debt and the bank no longer has solid security, for example due to unemployment or income reduction. Start your procedure at the District Court of The Hague, district Zoetermeer.
Practical Cases from the Zoetermeer Region
After divorce in Zoetermeer with mortgage: if your ex does not pay, the bank may claim against you. Prevent this with discharge strategies:
- Takeover agreement with bank: you take over the loan alone.
- Refinancing: new mortgage in your name, old suretyship lapses.
- Court compulsion: summons at the District Court of The Hague if bank refuses.
Case 1: Takeover in Zoetermeer
Joint mortgage €320,000. Post-divorce, you take it over via bank agreement. You become the sole debtor; ex discharged from joint and several claim.
Case 2: Refinancing Property in Zoetermeer
Ex remains in the house but does not pay. You arrange a new mortgage alone, provided the ex cooperates with the transfer. Old suretyship ends.
Case 3: Procedure at District Court of The Hague
In case of bank refusal: start court proceedings at the District Court of The Hague. Prove ex-partner's inability (income, unemployment). The judge may lift the suretyship. Consult the Legal Counter Zoetermeer for assistance.
Consequences for Ex-Partner and Tips for Zoetermeer
Discharge protects you, but the ex-partner remains primarily liable. Allocate risks in the settlement agreement. Local mortgage advisors in Zoetermeer assist with refinancing. Visit the District Court of The Hague or Legal Counter Zoetermeer for personal help.