Discharging Joint and Several Liability after Divorce in Rotterdam
Joint and several liability means that as an ex-partner in Rotterdam, 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 the Rotterdam region, you can discharge this liability under specific conditions. This article discusses the procedure, relevant laws and steps, with local resources such as the Rotterdam District Court (Wilhelminaplein 100-125) and the Rotterdam Legal Aid Office (Westblaak 180).
What does joint and several liability in Rotterdam 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 Rotterdam, this remains in effect unless discharge is actively requested. Consider a mortgage on the former home in Rotterdam-South: both parties remain liable for repayment and interest, even if one partner steps out.
Legal basis for discharge in Rotterdam
Discharge from joint and several liability falls under the Civil Code (BW), Articles 6:109 and 6:110, plus rules from the Divorce Act on debt division. In Rotterdam, the Rotterdam District Court (Wilhelminaplein 100-125) handles such cases efficiently.
Article 6:109 Civil Code: Step-by-Step Plan
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, or no objection within 14 days.
- Automatic discharge if no response is received.
Article 6:110 Civil Code: To Court in Rotterdam
In case of objection, you can initiate proceedings at the Rotterdam District Court (Wilhelminaplein 100-125). The court usually grants this, unless there are compelling objections.
Debts in Rotterdam Divorce
In a divorce settlement agreement or via the court, debts are divided. For free advice in Rotterdam: visit the Rotterdam Legal Aid Office at Westblaak 180.
Practical Examples Rotterdam
Example: Joint mortgage on a home in Rotterdam-Kralingen. After divorce, your ex stops paying. Steps:
- Written request to the bank for discharge.
- Wait 14 days; no response = discharged.
- Objection? File case at Rotterdam District Court (Wilhelminaplein 100-125).
Or a car loan from the marriage years: the same procedure applies locally.
Overview of Rights and Obligations
Overview for Rotterdam situations:
| Rights of ex-partner | Obligations of ex-partner |
|---|---|
| Divide debts via settlement agreement or court. | Pay debts (unless otherwise provided). |
| Request discharge under Civil Code rules. | Inform creditor of divorce. |
| Assistance via Rotterdam Legal Aid Office (Westblaak 180). | Comply with agreements in settlement. |
Next Steps in Rotterdam
Start at the Rotterdam Legal Aid Office (Westblaak 180) for advice. For proceedings: Rotterdam District Court, Wilhelminaplein 100-125. Act quickly to limit risks.