When a legal mortgage has been registered by application of the preceding article, and unless the marriage contract expressly prohibits it, the spouse benefiting from the registration may consent, in favour of the other spouse’s creditors or his or her own creditors, to an assignment of his or her rank or a subrogation in the rights resulting from its registration.
The same applies to a judicial mortgage, guaranteeing maintenance awarded or likely to be awarded to a spouse, for himself or for his children.
If the spouse benefiting from the registration, by refusing to consent to an assignment of rank or subrogation, prevents the other spouse from constituting a mortgage that the interests of the family would require or if he or she is unable to express his or her will, the judges may authorise this assignment of rank or subrogation under the conditions they consider necessary to safeguard the rights of the spouse concerned. They have the same powers where the marriage contract contains the clause referred to in the first paragraph.