Failing agreement between the parties, the application for conversion is submitted to the judge. It may be introduced until the final partition.
If he grants the conversion application, the judge determines the amount of the annuity, the security to be provided by the debtor co-heirs, and the type of indexation suitable for maintaining the initial equivalence of the annuity to the usufruct.
However, the judge may not order, against the spouse’s wishes, the conversion of the usufruct on the dwelling he or she occupies as his or her principal residence, or on the furniture furnishing it.