Joint and Several Liability in Mortgage and Divorce in Amsterdam: Discharge from Joint Suretyship
In Amsterdam during a divorce, joint and several liability for the mortgage often poses a serious issue. Even after leaving the property, you remain joint surety for the full loan. The bank can therefore hold you fully liable if your ex-partner fails to pay. This article discusses what this entails, how to obtain discharge from the joint suretyship at the Rechtbank Amsterdam (Parnassusweg 220), and the practical impact for you and your ex-partner. Start with free advice at the Juridisch Loket Amsterdam (Vijzelstraat 77).
Meaning of Joint and Several Liability for Mortgage in Amsterdam
Mortgages in Amsterdam are often joint loans for couples. Both partners act as joint sureties, meaning the bank can recover the entire debt of €400,000 (typical Amsterdam average) from one party. Even if your ex does not cover the monthly payments, you are fully liable – without the bank first having to pursue the other party.
This creates high risks in Amsterdam, where house prices are sky-high and income inequality after divorce is common. Joint and several liability jeopardizes your financial future.
Legal Basis: Discharge from Joint Suretyship (DCC art. 7:960/961)
Discharge from joint suretyship is possible under Article 7:960 DCC: the court may lift the suretyship on reasonable grounds such as divorce, provided the bank unreasonably refuses. In Amsterdam, the Rechtbank Amsterdam (Parnassusweg 220) handles such cases efficiently.
- Divorce as reasonable ground.
- Bank consent or court intervention.
- No longer adequate security (art. 7:961 DCC), e.g., ex-partner unemployed.
Visit the Juridisch Loket Amsterdam (Vijzelstraat 77) first for free intake and procedural steps.
Practical Examples in Amsterdam Context
After divorce in an Amsterdam property with a €450,000 mortgage, the bank can pursue you directly. Prevent this with discharge:
- Agreement with bank: mortgage takeover by you alone.
- New mortgage: ex remains in residence, you pay off the old one.
- Lawsuit at Rechtbank Amsterdam: enforce discharge if ex is insolvent.
Example 1: Bank Agreement – Amsterdam Jordaan Property
You and ex purchased a property in the Jordaan with a €500,000 mortgage. Post-divorce, you take it over via bank agreement. You become the sole debtor; ex is discharged.
Example 2: New Mortgage – Ex Remains in De Pijp
Ex continues living in De Pijp property but does not pay. You arrange a new mortgage; old suretyship lapses upon deed of transfer. Amsterdam notary verifies for the bank.
Example 3: Procedure at Rechtbank Amsterdam
Bank refuses discharge? Initiate summary proceedings at Rechtbank Amsterdam (Parnassusweg 220). Prove ex's inability to pay (income drop). Court often lifts suretyship. Costs: approx. €500 court fee + lawyer (€1,200 hourly rate).
Consequences for Ex-Partner and Amsterdam Tips
Discharge protects you, but ex risks sole liability. Allocate via divorce settlement agreement. Seek help at Juridisch Loket Amsterdam (Vijzelstraat 77, open Mon-Sat) or specialized lawyers in Amsterdam-Centre.
Action Plan: 1) Check mortgage terms. 2) Request discharge from bank in writing. 3) If refused: Juridisch Loket. 4) If necessary: summons to Rechtbank Amsterdam.