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Terms Used In Louisiana Civil Code 1514

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

A forced heir may request security when a usufruct in favor of a surviving spouse affects his legitime and he is not a child of the surviving spouse.  A forced heir may also request security to the extent that a surviving spouse’s usufruct over the legitime affects separate property.  The court may order the execution of notes, mortgages, or other documents as it deems necessary, or may impose a mortgage or lien on either community or separate property, movable or immovable, as security.

Acts 1996, 1st Ex. Sess., No. 77, §1; Acts 2003, No. 1207, §2.

NOTE:  See Acts 2003, No. 1207, §3.