Kevin Costner's legal battle with his estranged wife Christine Baumgartner is getting ugly. The actor has been accused of attempting to kick Christine "and their three children out of the house that the children have lived in for their entire lives," John Rydell, Baumgartner's lawyer, wrote in a court document obtained by Insider.
The publication reports that the filing reads, in part: "Although the legal basis for Kevin's request to kick his wife and children out of their home is all but nonexistent, this is still a matter of critical importance for Christine."
The claims by Christine, 49, come days after Kevin alleged in his own filing that he had been left homeless because Christine had refused to move out of their former marital home. In accordance with their prenuptial agreement, Christine reportedly had 30 days to vacate the $145 million property they shared – but Kevin solely owns – in Carpinteria, California, following her divorce filing on May 1.
However, she has yet to leave the home, and the 68-year-old actor wrote in his own court documents: "This is surprising and disheartening to me… I was married once before and, upon separation, found myself without home base and unable to live in my own home. I never wanted this to happen again.
"Thus, when Christine and I began discussing marriage in 2003, I made it clear to her that I would not marry again without clarity that my separate property residences would remain mine to live in no matter what happened in our marriage."
His lawyers have since claimed that Kevin now no longer has a home to return to after he wraps filming in Utah in June. According to the former couple's prenup agreement, established when they wed in 2004, Christine must vacate the three family properties, and take possession of her belongings, in the event of a divorce.
Kevin has also alleged that Christine's decision to remain in their Carpinteria house is an attempt to influence him into meeting her various financial demands. He emphasized that, as stipulated in the prenup, he has already provided her with a $1.2 million fund to find alternative housing.
Court documents reveal that Kevin is open to contributing $30,000 per month for a rental house, in accordance with his child support obligations for their three children, Cayden, 16, Hayes, 14, and Grace, 13, and is prepared to advance an additional $10,000 to cover her moving costs.
Kevin is also seeking joint custody, and wrote: "Because the children will be spending at least half of their time at my home, they will not be disrupted by Christine's imminent move. Christine and I have been working on a summer schedule to ensure that the children have a smooth transition between our two homes."
Christine has since reportedly filed a restraining order against Kevin which forbids him from transferring or selling any property and taking their children out of the state.
The designer for divorce on May 1 citing "irreconcilable differences" and gave the date of her separation from Kevin as April 11. The former couple married in 2004 at his Aspen, Colorado ranch.
Kevin was previously married to Cindy Silva from 1978 to 1994, with whom he shares three children - Annie, 39, Lily, 36, and Joe, 35. He also has a son, Liam, with Bridget Rooney, whom he dated after his split from Cindy.