Discharging Joint and Several Liability after Divorce in Zoetermeer
Joint and several liability means that as an ex-partner in Zoetermeer, you remain legally responsible for your ex-partner's debts, as if they were your own obligations. After a divorce, this can place a heavy financial burden. Fortunately, under specific conditions, you can be discharged from this liability. This article discusses the procedure, relevant laws and steps, with attention to local institutions such as the District Court of The Hague and the Legal Aid Office Zoetermeer.
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 joint loan during the marriage. Even after divorce in Zoetermeer, this remains in effect unless you take action to obtain discharge.
A typical case is the mortgage on the family home. If both of you signed for the mortgage, you remain liable for repayment and interest, even if your ex continues to live in Zoetermeer and fails to pay.
Legal basis: when is discharge possible?
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, relevant for residents of Zoetermeer under the jurisdiction of the District Court of The Hague.
Article 6:109 Civil Code
Under Article 6:109 Civil Code, you can obtain discharge if:
- You make a written request to the creditor for discharge.
- The creditor agrees.
- No written objection follows within 14 days.
Article 6:110 Civil Code
If there is no response, you can enforce discharge from the court – for Zoetermeer, the District Court of The Hague – unless there are compelling objections.
Divorce and debts in Zoetermeer
In a divorce settlement agreement or by court judgment, debts are divided. For Zoetermeer residents, the District Court of The Hague can decide on discharge, depending on your specific circumstances.
Practical examples
Example: joint mortgage on a home in Zoetermeer. Your ex stops paying after the divorce. Steps:
- Written request to the bank or creditor for discharge.
- Wait 14 days: no response = discharge.
- Objection? Proceed to the District Court of The Hague for proceedings.
The same approach applies to a car loan for Zoetermeer residents.
Rights and obligations
Overview for ex-partners:
| Rights of the debtor (ex-partner) | Obligations of the debtor (ex-partner) |
|---|---|
| Divide debts with ex. | Pay debts (or as otherwise agreed). |
| Request discharge from joint and several liability. | Inform creditor of the divorce. |
| Divorce settlement agreement with debt division. | Comply with agreements. |
Zoetermeer-specific advice: Contact the Legal Aid Office Zoetermeer for free assistance or file with the District Court of The Hague (district Zoetermeer).