Legal Question in Real Estate Law in Florida

The way you take title depends on your intent in the event of the death of any of the parties.

Only married persons (to each other) may take Tenancy by the Entireties, meaning your son could not be on the deed.

Married persons may take Tenancy as Joint Tenants with their son, with rights of survivorship. This means that upon the death of any one or two of you, the remaining 2 or 1 person will own the entire property without an interest by any "outside" party. Ie, if you die, your husband and son will both have an undivided 100% interest in the property.

If you take title as Tenants in Common, and your son dies, you and your husband would own the property together with his heirs. If he get married between now and then, you could end up owning this property with his wife/children. If he bequeaths his interest to another party, you could end up owning the property together with a total stranger, or the Humane Society, for instance.

If you intend that only the 3 of you will have an interest until the last person is living...then Joint Tenancy is the way to do this. You should consider having a real estate attorney review your closing documents prior to your final signature to be certain that your understanding of the transaction is accurate.