Are you in the middle of a divorce? Check whether one of you can continue to pay the mortgage loan costs and make clear agreements. That is the answer of Minister Hoekstra of Finance, in response to parliamentary questions regarding joint and several liability after divorce.
Recently the consumer program Radar broadcasted the topic ‘Dismissal from joint and several liability after divorce’. In the broadcast, some women spoke, who were not discharged from joint and several liability after a divorce, while the divorce agreement noted that the ex-husband would bear the burden.
Minister Hoekstra indicates that a lender does not just go along with it. The partner in question must be able to actually carry the new charges. Overlending (= with your current financial situation you can not bear the (new) charges) should always be prevented. If the surviving partner can not bear the mortgage loan payments, a lender will not agree to the dismissal of joint and several liability of the departing partner. Hoekstra finds it irresponsible when an external deadline is linked to the joint and several liability of the ex-partner. Affordability is important.
Although lenders are not obliged to send letters to two addresses, in case of a divorce, you can, according to Hoekstra, expect them to put the customer first and therefore, when the customer asks, to also send a letter to another address. All this in the context of information obligation.
Engage other parties
If you are in a divorce yourself, other parties involved, such as lawyers and notaries, can also play a role. They can emphasize to customers the importance of involving a mortgage loan advisor on time or the lender in the divorce plans.