Joint and Several Liability in Mortgage and Divorce in Tilburg: Discharge from Joint Suretyship
In a divorce in Tilburg, joint and several liability for the mortgage can cause major problems. Even after leaving the joint home, you remain fully responsible as a joint surety. The bank can pursue you if your ex-partner does not pay. This article discusses what this entails, how discharge from joint suretyship works via the District Court of Zeeland-West-Brabant (Wilhelminapark 100, Tilburg) and practical consequences. Contact Juridisch Loket Tilburg (Spoorlaan 364) for free advice.
What does joint and several liability for mortgages in Tilburg mean?
Mortgages exist in single or joint form. For partners, joint liability is common, where both are joint sureties. The bank may recover the full debt from one party without first approaching the other. After divorce in Tilburg, this risk persists, causing financial stress if your ex misses payments.
Joint and several liability means you stand surety for 100%, regardless of who actually pays. This is crucial in case of income changes post-divorce.
Statutory rules for discharge from joint suretyship
Discharge is possible under Article 7:960 DCC. Conditions:
- Reasonable ground, such as divorce or financial problems of ex-partner.
- Bank consent for release.
- No reasonable interest for the bank to maintain the suretyship.
Practical examples in Tilburg
After divorce, the bank can pursue you for the entire mortgage. Prevent this with discharge strategies:
- Bank agreement: You take over the loan.
- New mortgage: Solely in your name, old suretyship lapses.
- Lawsuit at the District Court of Zeeland-West-Brabant (Wilhelminapark 100) to enforce release.
Example 1: Takeover via agreement
Joint mortgage €320,000. Ex no longer pays; you reach agreement with bank and become sole debtor. Suretyship for ex-partner ends.
Example 2: Renewed mortgage
Ex remains in Tilburg home but cannot pay. You take out new mortgage; old suretyship lapses upon agreed transfer.
Example 3: Court proceedings
Bank refuses? Initiate court proceedings at the District Court of Zeeland-West-Brabant. Prove ex-partner's unaffordability for success. Juridisch Loket Tilburg assists with preparation.
Consequences for ex-partner and tips
Discharge protects you, but ex-partner remains primarily liable. Bank may still demand execution on the property. Consider mediation in Tilburg for smooth settlement. Always consult a specialist.