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Joint and Several Liability in Mortgage and Divorce in Leiden: Discharge Procedure and Risks

In Leiden, the ex-partner often remains jointly and severally liable for the mortgage upon divorce. Discover at the District Court of The Hague (Leiden Location) how to obtain discharge and what risks there are.

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Joint and Several Liability in Mortgage and Divorce in Leiden

In Leiden and surrounding areas, many couples who take out a mortgage together are jointly and severally liable. Upon divorce, this joint liability often persists, unless discharge is granted. At the District Court of The Hague, Leiden Location (Stationsweg 38, 2311 CB Leiden), you can initiate proceedings. The Juridisch Loket Leiden (Stationsweg 46, 2311 CB Leiden) offers free first-line advice. This article discusses the rules, procedure, and risks.

Meaning of Joint and Several Liability for Mortgage in Leiden

Joint and several liability means that all co-debtors, such as partners, are fully responsible for the entire mortgage debt. The bank may hold one party accountable for 100%. After divorce in Leiden, this still applies until the bank decides otherwise.

Practical Example Leiden: You and your ex bought a home in the Stevenshof neighborhood with a mortgage of €350,000. After divorce, your ex gets the home, but if payments are not made, the bank demands the full amount from you – even if you have moved to Roomburg.

Legal Basis

Regulated in Dutch Civil Code Book 3:

  • Art. 3:266 DCC: Joint and several debt allocation.
  • Art. 3:272 DCC: Discharge possibility.
  • Art. 3:273 DCC: Exceptions to discharge.
The Wft requires banks to provide transparency about risks when concluding a mortgage.

Local tip: At the District Court of The Hague, Leiden Location, you can request judgments on similar cases from the region.

Discharge Procedure from Joint and Several Liability in Leiden

Apply for written discharge from your bank. Use a indemnity clause in the divorce settlement agreement. Step-by-step plan:

  1. Submit Request: Letter to the bank requesting discharge, preferably with a notarial declaration.
  2. Bank Assessment: Bank checks if ex-partner is solvent. May require refinancing or guarantee.
  3. Ex-Partner Agreement: Ex must be able to carry the mortgage. Have it drawn up by a notary in Leiden (e.g., via Royal Netherlands Notaries Association).
  4. Notarial Recording: Register deed with the Land Registry (location in Leiden for mortgage deeds).

Reasons for Refusal of Discharge

Bank refuses if:

  • Ex-partner fails income test for solo mortgage.
  • Remaining debt too high for one person.
  • No sufficient collateral (e.g., low equity).
Then go to Juridisch Loket Leiden for free help or litigate at the District Court of The Hague, Leiden Location.

Risks for the Ex-Partner After Divorce

Even with the home in possession, the ex remains jointly and severally liable. Risks:

  • Payment Demand: Bank demands payment in case of default.
  • Enforced Sale: Forced auction of the home in case of arrears.
  • BSN Registration: Negative BKR entry hinders future loans.
Advice: Include an indemnity clause and monitor payments via bank portal.

Help in Leiden

  • District Court of The Hague, Leiden Location: Stationsweg 38, for proceedings.
  • Juridisch Loket Leiden: Stationsweg 46, tel. 0900-8020, free advice.
  • Search for notaries in Leiden via KNB.