What happens with an hypothec granted by an undivided co-owner at the time of partition?

If the partition of the immovable property occurred while the hypothec is in force, the debt would be affected. Indeed, the hypothec of the debtor will be carried over to the portion of the immovable property which will remain in his possession or on the sum of money obtained by the undivided co-owner at the time of partition.

The creditors will not however want to risk that the sum received further to the partition be lower than the debt; that is why they are reluctant to lend in the absence of a clause of postponement of partition which forbids the partition of the property during the term of the hypothec.

The other remedy of the hypothecary creditors (also known as mortgage creditors) is to require the intervention of the other undivided co-owners to the deed of hypothec of the undivided co-owner who is the debtor.