Art. 4362.Recordation of Judgment; Mortgage In Favor of Minor
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 9. Alienation of Minor's Property · Enacted 2005 · no amendments on record · Last verified July 30, 2026
Full Text of Art. 4362
Amendment History
Acts 2005, No. 169, §3, eff. 7/1/2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. 11/29/2005.
Plain-English Summary
A judgment adjudicating the minor's interest to a parent under Article 4361 does not, by itself, finish the job when the property involved is immovable. Article 4362 requires the judgment to be recorded in the conveyance records of the parish where the property is located before it takes effect, the same public-record step that protects third parties dealing with any other transfer of real estate.
The article's second safeguard protects the minor directly. If the parent has not paid the full adjudication price by the time the judgment is recorded, the minor is given a vendor's privilege against the property for whatever remains unpaid -- a real right in the property itself, arising automatically rather than requiring the minor's representative to negotiate for it separately. The judgment of adjudication also gets recorded in the parish's mortgage records, publicizing that privilege so anyone dealing with the property afterward can see the minor's unpaid claim.
A transition provision fixes when this version of the article applies: it governs adjudications made from six months after July 1, 2006 forward. Adjudications made before that date remain governed by the article as it existed before the 2006 amendment, so an older adjudication's effect is measured against the earlier rule rather than the current one.
Frequently Asked Questions
When does a judgment adjudicating a minor's immovable property to a parent take effect?
Only once it is recorded in the conveyance records of the parish where the property is situated, as required by Article 4362.
What protects the minor if the parent has not fully paid for the adjudicated property?
A vendor's privilege against the property arises automatically in the minor's favor for the unpaid price, and the judgment of adjudication is recorded in the parish's mortgage records to make that privilege a matter of public record.
Does Article 4362 apply to every adjudication of a minor's property to a parent?
Its current form governs adjudications made from six months after July 1, 2006 onward. Earlier adjudications are governed by the version of the article that existed before that date.
Does Article 4362 apply to movable as well as immovable property?
The recordation and vendor's-privilege mechanism described in Article 4362 is specific to immovable property; the parish conveyance and mortgage records exist to track interests in real estate.