By Raphaël MORENON
17 July 2025
Mortgages are most often seen as a tool for creditors, particularly banks, to guarantee repayment of a loan. However, legislators have also been able to use this mechanism to protect vulnerable individuals. Far from guaranteeing a commercial debt, some mortgages are created by law to preserve financial rights within the family or to secure the assets of people unable to manage them themselves. This is the case with the specific legal mortgages granted to spouses and people under guardianship, which are part of the large family of mortgages, the queen of property securities. These systems, which are often little-known, are essential for restoring a balance when major financial interests are at stake. They raise technical issues that need to be clarified, because sound advice on property security law can make all the difference when it comes to safeguarding assets....
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