Discharging Joint and Several Liability upon Divorce in Utrecht
Joint and several liability means that as an ex-partner, you remain legally liable for the debts of your former partner, as if they were your own. After a divorce in Utrecht, this can be financially burdensome. Fortunately, there is an option to terminate this liability. This article discusses the procedure, relevant laws and steps, with attention to local institutions such as the District Court Midden-Nederland.
What does joint and several liability entail?
With joint and several liability, you act as surety for someone else's obligations, such as a joint mortgage or debts from the marriage. This continues to apply even after the divorce, unless active discharge is requested.
A typical case is the mortgage on the marital home. If both partners have signed, you remain liable for payments, even if your ex no longer bears the burdens. This often leads to disputes.
Legal basis: when is discharge possible?
The rules are set out in the Civil Code (CC), articles 6:109 and 6:110. The Divorce Act regulates the division of debts post-divorce.
Article 6:109 CC
Under 6:109 CC, you can obtain discharge if:
- You request discharge from the creditor in writing.
- The creditor agrees or does not object within 14 days.
Article 6:110 CC
If there is no response, you can involve the court for discharge, unless there are compelling objections. In Utrecht, the District Court Midden-Nederland (Vrouwe Justitiaplein 1) handles such cases.
Debts upon divorce
In a divorce settlement agreement or by court decision, debts can be redistributed. Automatic discharge is rare and depends on specific circumstances.
Practical examples from Utrecht
Your ex lives in the Utrecht family home with the joint mortgage but does not pay. Step-by-step plan:
- Written request to the bank or lender for discharge.
- Wait 14 days: no response = discharge.
- Involve the court in case of objection; file with District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht.
The same method applies to a car loan.
Rights and obligations
Overview for those involved:
| Rights of ex-partner | Obligations of ex-partner |
|---|---|
| Redistribute debts via settlement agreement. | Pay debts or inform creditor of divorce. |
| Request discharge under CC conditions. | Comply with agreements from settlement agreement. |
| Draft settlement agreement with debt arrangement. | Transparency regarding financial changes. |
Assistance in Utrecht
Contact the Juridisch Loket Utrecht (Catharijnesingel 55) for free advice. For procedures: District Court Midden-Nederland, Vrouwe Justitiaplein 1. Consider a lawyer specialized in family law.
Note: this is general information. Seek professional advice for your case.