Joint and Several Liability in Divorce in Rijswijk: Discharge from Joint Suretyship
In a divorce in Rijswijk, joint and several liability for the mortgage can cause major problems. Even after leaving the property, you remain fully responsible as a joint surety. The bank can pursue you if your ex-partner does not pay. This article discusses the rules, discharge options via District Court of The Hague (district Rijswijk) and practical tips, with assistance from Juridisch Loket Rijswijk.
What does joint and several liability for mortgages in Rijswijk mean?
Joint mortgages for couples in Rijswijk make both partners joint sureties. The bank regards both of you as fully liable for the entire loan. In the event of default by your ex-partner, the bank will go directly to you, without first pursuing your partner. This follows from the standard mortgage terms and creates significant financial risks post-divorce.
Joint and several liability means that you bear the full debt, regardless of the actual payer. For residents of Rijswijk, this is particularly relevant due to the proximity of District Court of The Hague, where many divorce cases are handled.
Statutory rules for discharge from joint suretyship
Discharge from joint suretyship is possible under Article 7:960 of the Dutch Civil Code. The District Court of The Hague may grant this in cases of:
- Reasonable grounds, such as divorce and division of the property.
- Bank consent for termination.
- No reasonable reason for the bank to retain the surety, e.g., if your ex-partner loses income.
Article 7:961 of the Dutch Civil Code assists if the principal debtor (ex-partner) is no longer solvent and the bank has insufficient security, such as in case of unemployment. Residents of Rijswijk can obtain free advice from Juridisch Loket Rijswijk for a procedure at the District Court of The Hague.
Practical examples for Rijswijk residents
After divorce in Rijswijk with a joint mortgage? Prevent liability through discharge. Options:
- Agreement with bank: take over the mortgage or have ex-partner take it over.
- New mortgage in your own name, old suretyship lapses.
- Lawsuit at District Court of The Hague: enforce discharge due to ex's unaffordability.
Example 1: Takeover via agreement
You and ex-partner in Rijswijk had a €300,000 mortgage. Post-divorce, you take it over via bank agreement. You become the sole debtor; ex is released.
Example 2: New financing
Ex remains in Rijswijk property but does not pay. Arrange new mortgage in your name; old suretyship ends upon transfer. Requires ex-consent and valuation.
Example 3: Procedure at District Court of The Hague
Bank refuses discharge and ex does not pay? Initiate a court proceeding at District Court of The Hague (Family Law team, district Rijswijk). Prove ex-partner's unaffordability; the court may lift the suretyship. Contact Juridisch Loket Rijswijk for assistance.
Consequences for ex-partner and tips
Discharge protects you, but ex-partner must then pay alone or sell the property. In case of inability, enforcement follows. Document everything in the divorce settlement agreement. Rijswijk residents: visit Juridisch Loket Rijswijk for personal advice or procedure at District Court of The Hague.