Can I rely on prescription? Marital debt.

Questioner

In 2013 or 2014 our house was sold with a residual debt of 100,000. I know nothing about NHG. We did receive a letter with an offer to buy it off (€5,755). I moved abroad in 2012. Since I left I have not heard or asked anything about the sale of the house, my ex still lived there at the time. I am returning to the Netherlands in 2020. I tried to take out a PL and was told that this was not possible because I am registered negatively with BKR. I request a BKR overview, and it shows that I have 2 mortgage debts. Only after weeks of calling does someone know something about 2 enormous amounts. My ex has always continued to work and live in the Netherlands, he indicates that he was paid and forgiven the rest of the residual debt. There is no mention of a bailiff yet. I only called a collection agency where my part of the residual debt will be. How is it that there is still a residual debt while we were both jointly and severally liable for the mortgage? How do I appeal to prescription? Because I have been away for 8 years and have never heard anything from any collection bailiff or creditor.

Lawyer

Prescription will not yet be an issue. It is precisely the joint and several liability that means that the bank can and may sue you for the entire sum. despite the fact that you have an arrangement between you about division. I still think that you should investigate the mortgage debts.