Terug naar Encyclopedie
Familierecht

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

In Tilburg, the ex-partner often remains jointly and severally liable for the mortgage upon divorce. Learn how to apply for discharge at the District Court of Zeeland-West-Brabant and avoid risks for your ex-partner.

3 min leestijd

Joint and Several Liability in Mortgage and Divorce in Tilburg

In Tilburg and surrounding areas, many couples are joint owners of a mortgage on their home. Upon divorce, the joint and several liability often remains, unless you apply for discharge. This article discusses the procedure at the District Court of Zeeland-West-Brabant (Wilhelminapark 100, Tilburg) and risks for your ex-partner. The Legal Aid Office Tilburg (Spoorlaan 364) offers free advice.

What does joint and several liability mean in a mortgage?

Joint and several liability means that all signatories to the mortgage – often both partners – are fully responsible for the entire debt. The bank can hold you solely liable for 100% of the amount, even after separation. This applies in Tilburg just as elsewhere.

Practical example: You and your ex have a mortgage of €320,000 on a house in the Tilburg neighborhood Het Zand. After the divorce, your ex gets the house, but if he/she fails to pay, the bank demands the full amount from you – regardless of the division of assets.

Legal basis in the Netherlands

Regulated in the Civil Code (BW):

  • Art. 3:266 BW: Basis of joint and several debt.
  • Art. 3:272 BW: Discharge procedure.
  • Art. 3:273 BW: Exceptions to discharge.
The Wft requires banks to provide clear information about risks when concluding a mortgage.

Applying for Discharge from Joint and Several Liability in Tilburg

Start with a written request to the mortgage lender. Involve a notary and, if necessary, the District Court of Zeeland-West-Brabant if no agreement is reached. Step-by-step plan:

  1. Submit request: Letter to the bank with motivation for discharge, plus proof of divorce and financial capacity of ex-partner.
  2. Bank assessment: Bank checks if ex can carry the mortgage alone. Refusal possible if insufficient income or house market value.
  3. Agreement with ex-partner: Include indemnity clause with notary. Ex must be financially solvent.
  4. Notarial recording: Draft deed and register with Land Registry. Costs: approx. €500-€1,000 in Tilburg.

Reasons for refusal of discharge

Bank often refuses if:

  • Ex-partner is financially too weak (check via NIBUD standards).
  • Mortgage is underwater or ex cannot obtain refinancing.
  • No sufficient security for the bank.
Then proceed to the District Court of Zeeland-West-Brabant (Wilhelminapark 100) for proceedings.

Risks for the ex-partner without discharge

If joint and several liability remains? Then your ex risks:

  • Liability claim in case of default by the other.
  • BKR registration and credit problems.
  • Enforced sale of property via the court.
Tip: Arrange a free intake via Legal Aid Office Tilburg (Spoorlaan 364).

Help in Tilburg

  • District Court of Zeeland-West-Brabant: Wilhelminapark 100, 5041 ED Tilburg.
  • Legal Aid Office Tilburg: Spoorlaan 364, 5038 CC Tilburg. Call 0900-8020.
  • Notaries in Tilburg for deed.