It is a consolidated jurisprudential orientation that the spouse who has set up a patrimonial fund, conferring an asset of his own, if he acts against his creditor asking that - because of the belonging to the fund - be declared, pursuant to art. 170 cc, the illegitimacy of the mortgage registration that he has performed on the asset, has the burden of attaching and proving that the debt was contracted for a purpose unrelated to the needs of the family and that the creditor was aware of this circumstance , also in the case of mortgage registration pursuant to art. 77, D.P.R. September 29, 1973, n. 602.

Lastly: Civil Cassation, section III, sentence of 28 October 2016, n. 21800