Final answer:
To buy a condo in his name only before his divorce is final, Tom needs to create a postnuptial agreement with Sharon, declaring the condo as his separate property and ensure the purchase funds are from his non-marital assets. Consulting an attorney is also recommended.
Step-by-step explanation:
In Minnesota, which is a common law state, properties acquired during marriage are generally considered marital property and therefore can be subject to division in a divorce. To buy a condo in his name only, Tom would likely need to enter into a marital property agreement with Sharon, sometimes called a postnuptial agreement, to ensure that the new property is considered his separate property and not subject to division. This agreement should be in writing and detail that the condo will be owned solely by Tom and will not be part of the marital assets.
Additionally, Tom should make sure that the funds used for the purchase are from his separate accounts or assets that are clearly distinguishable as non-marital. Since property division laws can be complex, it's advisable for Tom to seek the services of an attorney experienced in family law to make sure the transaction is handled correctly and his interests are protected.