Joint and Several Liability for Mortgage and Divorce in The Hague
In The Hague, many married couples are jointly and severally liable for their joint mortgage. After a divorce at the District Court of The Hague (Prins Clauslaan 60), this liability usually remains in place. This article discusses what joint and several liability means, the discharge procedure and the risks for your ex-partner. For free advice: Juridisch Loket The Hague, Lutherse Burgwal 10.
What does joint and several liability mean for a mortgage?
Under joint and several liability, all co-debtors, such as ex-spouses, can be held fully liable by the bank for the entire mortgage debt. Even after the property is awarded to one party in divorce proceedings via the District Court of The Hague, the other party remains at risk.
Example: You and your ex have a mortgage of €350,000. After the divorce, your ex gets the property, but if payments are not made, the bank can hold you liable in The Hague for the full amount – including interest and costs.
Legal basis
This is regulated in the Civil Code (BW):
- Art. 3:266 BW: Joint and several debt allocation.
- Art. 3:272 BW: Discharge option for joint and several debts.
- Art. 3:273 BW: Exceptions to discharge.
Discharge procedure from joint and several liability in The Hague
Apply for discharge with your bank via a written request or indemnity agreement. Involve a notary in The Hague for the deed. Steps:
- Submit request: Write to the bank with motivation and proof of divorce (judgments from the District Court of The Hague).
- Bank approval: Bank assesses whether the ex-partner can handle the mortgage alone; otherwise refusal or requirement for refinancing.
- Agreement with ex-partner: Enter into indemnity agreement, confirm financial capacity via income check.
- Notarial recording: Have the deed drawn up and registered with the Land Registry for official discharge.
When does the bank refuse discharge?
Discharge is often refused if:
- Ex-partner is financially inadequate for solo repayment.
- Current mortgage is too risky or market conditions unfavorable for refinancing.
- No sufficient securities such as equity in the property.
Risks for the ex-partner after divorce
The ex who retains the property risks:
- Full payment if the other does not pay.
- Enforceable attachment on salary or property in case of default.
- Negative BKR registration, which blocks future loans.
Help in The Hague
- District Court of The Hague: Prins Clauslaan 60 – for divorce cases and disputes.
- Juridisch Loket The Hague: Lutherse Burgwal 10 – free intake and referral.