La. Civ. Code art. 1265

Current with changes from the 2024 Legislative Session
Section 1265 - Preservation of creditor's mortgage rights after partition

In the case mentioned in the preceding article, if the property mortgaged, which has been collated in kind, falls by the partition to the donee, the mortgage continues to exist thereon as if it had never been collated; but if the donee receives for his portion other movables or immovables of the succession, the creditor shall have a privilege for the amount of his mortgage on the property which has thus fallen to his debtor by the partition.

La. C.C. § 1265