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Joint and Several Liability in Mortgage and Divorce in Amsterdam: Discharge Procedure and Risks for the Ex-Partner

In Amsterdam, upon divorce, the ex-partner often remains jointly and severally liable for the mortgage. Learn how to obtain discharge at the Amsterdam District Court and what risks there are for your ex-partner via the Juridisch Loket.

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Joint and Several Liability in Mortgage and Divorce in Amsterdam

In Amsterdam, with a mortgage, often two persons are jointly and severally liable, such as spouses who jointly purchase a home in the city. After divorce, this liability usually remains, unless a party obtains discharge via the Amsterdam District Court (Parnassusweg 220). This article discusses joint and several liability, the discharge procedure, and risks for the ex-partner. For free advice: Juridisch Loket Amsterdam, Vijzelstraat 77.

What does joint and several liability in a mortgage in Amsterdam entail?

Joint and several liability means that all co-debtors, such as ex-partners, are fully and individually liable for the entire mortgage debt. The bank can hold you or your ex accountable for 100% of the amount, even after separation. This applies to many Amsterdam properties with joint mortgages.

Example: You and your ex took out a mortgage of €450,000 in Amsterdam for a home in De Pijp. After divorce, your ex gets the home, but if he/she does not pay, the bank can hold you fully accountable – even if you already live elsewhere.

Legal basis in the Netherlands

Regulated in the Civil Code (BW):

  • Article 3:266 BW: Joint and several debt allocation.
  • Article 3:272 BW: Discharge option from joint and several liability.
  • Article 3:273 BW: Exceptions to discharge.
The Wft requires banks to provide transparency about risks when concluding a mortgage in Amsterdam.

Discharge procedure from joint and several liability in Amsterdam

Apply for written discharge with your bank. Use an indemnity agreement. Steps:

  1. Submit request: Letter to the bank requesting discharge. Mention the divorce settlement agreement.
  2. Bank consent: The bank may refuse if the ex is not solvent. Alternative: refinancing or new mortgage.
  3. Ex-partner consent: Ensure the ex can carry the mortgage alone. A notary in Amsterdam assists with the indemnity.
  4. Notarial deed and Land Registry: Prepare the deed and register it with the Land Registry. In case of dispute: proceedings at the Amsterdam District Court, Parnassusweg 220.

When does the bank refuse discharge?

Often in cases of:

  • Ex-partner financially insolvent (check income test).
  • Mortgage not repayable without second income.
  • No collateral security for the bank.
Tip: Start at Juridisch Loket Amsterdam, Vijzelstraat 77 for a free check.

Risks for the ex-partner in Amsterdam

Even with the property, the ex remains jointly and severally liable. Risks:

  • Payer is held accountable: Bank claims full debt in case of default.
  • Negative BKR registration: Harms future loans.
  • Foreclosure of property: Sale in case of arrears, loss of equity.
Via the settlement agreement, you can recover from the ex, but this requires legal steps at the Amsterdam District Court.

Practical tips for Amsterdam

- Consult Juridisch Loket Amsterdam (Vijzelstraat 77) for intake.
- For proceedings: Amsterdam District Court (Parnassusweg 220).
- Notary required for deed; search locally via Royal Royal Notarial Profession Organization.
- Check mortgage conditions for fixed interest and penalty clauses upon transfer.