Book IV: Securities

When the spouses have stipulated participation in acquests, each has, unless otherwise agreed, the option of registering the legal mortgage as security for the participation claim. The registration may be made before the dissolution of the matrimonial regime, but it will only have effect from that dissolution and on condition that the immovables to which it relates exist on that date in the assets of the debtor spouse. In the…

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…

Judgments made pursuant to the preceding article shall be rendered in the forms regulated by the Code of Civil Procedure. The legal mortgage of spouses is subject, for the renewal of registrations, to the rules of article 2429.

The provisions of articles 2393 to 2396 shall be brought to the attention of spouses or future spouses under the conditions laid down by decree.