Discharging Joint and Several Liability upon Divorce in Amsterdam
Joint and several liability means that as an ex-partner in Amsterdam, you remain legally responsible for your ex-partner's debts, as if they were your own obligations. After a divorce, this can place a heavy financial burden. Fortunately, in Amsterdam, you can discharge this liability under specific conditions. This article discusses the procedure, relevant laws and steps, with local resources such as the Amsterdam District Court (Parnassusweg 220) and the Amsterdam Legal Aid Office (Vijzelstraat 77).
What does joint and several liability entail?
Under joint and several liability, you act as a guarantor for another person's debts, such as a joint mortgage or loan during the marriage. Even after divorce in Amsterdam, this remains in effect unless discharge is actively requested.
A typical case in Amsterdam is a mortgage on a property in the city. If you both signed the mortgage on your ex-home, for example in Oud-Zuid, you remain liable for payments, even if your ex cannot manage the burden.
Legal basis for discharge in Amsterdam
Discharge from joint and several liability falls under the Civil Code (BW), Articles 6:109 and 6:110, plus rules from the Divorce Act for debt division.
Article 6:109 Civil Code
On the basis of Article 6:109 Civil Code, you can obtain discharge by:
- A written request to the creditor (e.g., bank) for discharge.
- Consent of the creditor.
- No written objection within 14 days.
Article 6:110 Civil Code
No response? File a request with the Amsterdam District Court, Parnassusweg 220. The court will approve it, unless there are compelling objections.
Debts upon divorce in Amsterdam
In a divorce settlement agreement or via the court at the Amsterdam District Court, debt division can be established. This does not automatically discharge joint and several liability, but depends on your specific situation.
Practical examples in Amsterdam
Suppose: joint mortgage on an apartment in Amsterdam-West. After divorce, your ex does not pay. Steps:
- Written request to the bank for discharge (letter/email).
- Wait 14 days: no response = discharged.
- Objection? Proceed to Amsterdam District Court, Parnassusweg 220 for proceedings.
Or a car loan for a vehicle in Amsterdam: the same method applies.
Your rights and obligations
Overview:
| Rights (you as ex-partner) | Obligations (ex-partner) |
|---|---|
| Divide debts via settlement agreement. | Pay debts (or agree otherwise). |
| Request discharge at Amsterdam District Court. | Inform creditor of divorce. |
| Settlement agreement with debt division. | Comply with agreements. |
Help in Amsterdam
Visit the Amsterdam Legal Aid Office, Vijzelstraat 77 for free advice, or initiate proceedings at the Amsterdam District Court, Parnassusweg 220. Bring documents such as the settlement agreement and correspondence with creditors.