Monthly Archives: October 2009

Explain Ladybird Deed:

A  Ladybird deed is also called Enhanced Life estate deed. The owner of a property can use the Ladybird deed to transfer the property but he will still have the right to sell the property until his death and after the death of the owner the grantee can takeover the ownership if the property is not sold.

The main facility of the Ladybird deed is that the grantor can avoid the costly probate process and on the same time the Owner will have the right sell the property as long as he lives. Ladybird deed is one of the most popular deeds in the states link California, Florida, Ohio, Texas etc. Ladybird deed also protects the property from the grantees creditor during the life time of the Grantor. The creditors of the grantee cannot place lien on the property as long as the grantor lives.

Other good thing is that the Ladybird deed does not affect your medicate eligibility. Most likely your property will be considered as the exempt property but as we all know the state laws differs from one state to another so you can consult with a lawyer on this issue. Now if you compare the Ladybird deed with a quitclaim deed then a Ladybird deed has more plus points than a quitclaim deed. But you should choose which deed you need to use accordingly to your situation as there are some situations when a quitclaim deed will be more suited than a Ladybird deed.

How to take someone off a deed

There is some situation when you need to split and split everything. This situation comes at the time of divorce. So if you want to take off your spouse’s name from the deed of your property then your spouse can simply sign a quitclaim deed but he or she has to do it on his or her own will and you cannot pressurize . Actually divorce comes with so many complications.

Now if the property is a mortgaged property then your spouse cannot quitclaim without informing the lender and even if he or she quitclaims then if he or she will still remain on the mortgage, your spouse will still be responsible for the mortgage payment and if you defaults on your mortgage payment then both of you will be responsible and both of your credit score will be affected.

If the property is free and clear from all kinds of liens then you or your spouse can simply sign a quitclaim deed to take off the name from the deed but if the property is mortgaged then both of you should contact the lender to find out a solution. If both of you are on the mortgage then the person who is taking the property should refinance the mortgage on his or her name and the other person can simply sign the quitclaim deed. But this is not a very simple process. So should consult with an attorney and take his help from him to avoid any problems in future.