Discharging Joint and Several Liability in Tilburg

Discharging Joint and Several Liability after Divorce in Tilburg

Joint and several liability means that as an ex-partner in Tilburg, you remain legally responsible for your ex's debts, as if they were your own obligations. After a divorce, this can place a heavy financial burden. Fortunately, you can discharge yourself from this liability under certain conditions. This article discusses the procedure, relevant laws and steps, with local Tilburg resources such as the District Court of Zeeland-West-Brabant.

What does joint and several liability entail?

Under joint and several liability, you act as a guarantor for someone else's debts, such as a joint mortgage or loan during the marriage. Even after divorce in Tilburg, this continues to apply unless you take action to obtain discharge.

A typical case is the mortgage on the former marital home. If you and your ex took out a mortgage in Tilburg together, you remain liable for payments, even if you live elsewhere and your ex can no longer pay.

Legal basis for discharge in Tilburg

Discharge from joint and several liability is governed by the Civil Code (CC), articles 6:109 and 6:110. The Divorce Act regulates the division of debts post-divorce, relevant for Tilburg courts.

Article 6:109 CC

Under 6:109 CC, you can obtain discharge by:

• Written request to the creditor for discharge.
• Consent of the creditor.
• No objection within 14 days after your request.

Article 6:110 CC

If there is no response, you can enforce discharge via the court. In Tilburg, you approach the District Court of Zeeland-West-Brabant, Wilhelminapark 100. The court will approve this, unless there are compelling objections.

Debts in divorce

In a divorce settlement agreement or court judgment, debts are divided. The court may lift joint and several liability, depending on your specific circumstances in Tilburg.

Practical examples from Tilburg

Example: You and your ex had a joint mortgage on a home in Tilburg. After divorce, your ex stops paying. Follow these steps:

1. Written request to the bank for discharge from liability.
2. Wait 14 days: no response means automatic discharge.
3. Involve the court in case of objection: file with the District Court of Zeeland-West-Brabant, Wilhelminapark 100, Tilburg.

The same procedure applies to a car loan for Tilburg residents.

Rights and obligations

Overview of rights and duties:

Assistance in Tilburg

For free advice: Legal Counter Tilburg, Spoorlaan 364. They assist with letters and procedures. For complex cases: lawyer via the court.