Louisiana Code of Civil Procedure 2671 – Proceeding against surviving spouse in community
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Terms Used In Louisiana Code of Civil Procedure 2671
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
When a mortgage, security interest, or privilege has been granted on community property to secure an obligation of the community, and one of the spouses in community has died subsequently, an executory proceeding to enforce the mortgage, security agreement, or privilege may be brought against the surviving spouse in community. It shall not be necessary to make the succession representative, heirs, or legatees of the deceased spouse parties to the proceeding.
Acts 1989, No. 137, §18, eff. Sept. 1, 1989.