Joint and Several Liability in Mortgage and Divorce in Leiden: Discharge from Joint Suretyship
In a divorce in the Leiden region, joint and several liability for the mortgage can cause serious financial problems. Even after the divorce, you remain responsible as a joint surety for the entire loan. The bank can pursue you if your ex-partner does not pay. In this article for Leiden residents, we explain what this entails, how you arrange discharge from the joint suretyship and the practical impact for your ex-partner.
What does joint and several liability for a mortgage in Leiden mean?
Mortgages in Leiden are often joint loans for couples. Both partners act as joint sureties, meaning that the bank can recover the entire debt of €250,000 or more from one of you. Even if your ex continues to live in the property on Breestraat and does not pay the installments, you are vulnerable.
Joint and several liability does not oblige the bank to first pursue the non-paying partner. You bear the full burden, which in Leiden with high house prices weighs extra heavily.
Legal rules for discharge from joint suretyship
Discharge from the joint suretyship falls under Article 7:960 of the Dutch Civil Code. You can apply for this at District Court of The Hague, Leiden Location (Visseringlaan 22, 2318 LE Leiden) if:
- There is reasonable grounds, such as a divorce.
- The bank consents to the termination.
- There is no reasonable reason for continuation, e.g., due to financial problems of the ex-partner.
Article 7:961 of the Dutch Civil Code helps if your ex-partner (the debtor) is no longer solvent, such as in case of unemployment or income reduction. Visit the Juridisch Loket Leiden (Stationsweg 46, 2311 CH Leiden) for free initial advice.
Practical examples for Leiden situations
After divorce in Leiden, you can take over the mortgage or litigate. Options:
- Agreement with the bank: Take over the mortgage alone.
- New mortgage: Arrange your own loan after transfer.
- Lawsuit at District Court of The Hague, Leiden Location: Enforce discharge if the bank refuses.
Example 1: Agreement with the bank in Leiden
Your €350,000 mortgage remains unpaid by your ex after divorce. You reach an agreement with the bank, take it over and escape joint and several liability.
Example 2: New mortgage after transfer
Ex remains in the Leiden property but does not pay. With agreement on transfer, you arrange a new mortgage; the old suretyship lapses. Check this at Juridisch Loket Leiden.
Example 3: Procedure at District Court of The Hague, Leiden Location
Bank refuses discharge while ex does not pay? Start a court procedure at District Court of The Hague, Leiden Location. Prove the ex's inability to pay and obtain termination via Articles 7:960/961 of the Dutch Civil Code. Local lawyers in Leiden often assist cost-effectively.
Consequences for the ex-partner and tips for Leiden
Discharge protects you, but the ex-partner must then pay alone or sell the property. In Leiden with high real estate prices, mediation via the Juridisch Loket is worthwhile. Contact them for personal advice.