CARPINTERIA, CALIFORNIA: Christine Baumgartner filed for divorce from Kevin Costner on May 1. Their prenuptial agreement made it apparent that he would want his estranged wife to pack up and leave her marital residence on filing for a divorce. However, it is not clear from the documents whether he also expects his three children to move out and live with their mother or remain with him. Sources also claim that Costner is currently "homeless" as Christine refuses to move out of his house in Carpinteria. Additionally, she has a restraining order against him and charged $95,000 on his credit card for lawyers and a forensic accountant despite Costner providing financial aid to her legal team.
Baumgartner claimed via her attorneys that the 'Yellowstone' actor lacked a legitimate reason for attempting to evict her and their children from the only home they had ever known. In contrast, 68-year-old Costner cites a prenuptial agreement Baumgartner signed before their 2004 wedding, which stipulates that she has 30 days to pack her belongings and leave their residence in the event of a divorce.
'RFO seeks to kick Christine and their three children out'
In their most recent filing, Baumgartner's attorneys contend that Costner's request is unjustified, as per information obtained by Insider. According to a document submitted on June 15 by Baumgartner's attorney, John Rydell alleged, "This RFO (request for order) seeks to kick Christine and their three children out of the house that the children have lived in for their entire lives." Rydell added, "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."
In a court document filed on behalf of Baumgartner on June 14, Rydell criticized Costner's lawyer, Laura Wasser, for declining to request a postponement of the hearing at which a judge will determine whether to approve the actor's request to prevent his ex-wife from moving to his $145 million estate off the Santa Barbara Coast.
Despite the conditions of their 2004 prenuptial agreement, Costner stated in a separate judicial filing that his estranged wife, with whom he has three children, is refusing to leave their home. Earlier this week, it was revealed that Costner had complained to the judge overseeing their divorce proceedings that Baumgartner had refused to leave the property even though their premarital agreement required her to do so within 30 days in the event of a divorce being filed.
Kevin Costner and Christine Baumgartner 2004 prenup agreement
Costner and Baumgartner have three children together: a 13-year-old daughter named Grace and two sons, Hayes and Cayden who are 14 and 16 respectively. Since the prenup was signed before the pair had children, it's unclear what kind of accommodation Costner has in mind for his children or whether he also wants them to leave the house that they spent their childhood in. According to the Daily Mail, the alleged residence is a 10-acre beachside complex in Carpinteria, close to Santa Barbara.
TMZ has previously reported that Baumgartner and Costner are vying for joint custody. Nevertheless, several issues regarding the children are raised by Costner's most recent court document. The main questions that arise are whether he expects Baumgartner to move to a place that is close to the Carpinteria compound so that the children can go back and forth between the residences of their divorced parents and whether their bedrooms and possessions will be set up in each location. Another important question is how this back-and-forth will affect school, friends, and other activities that the children are involved in.
Costner was served with a restraining order on June 8 from Baumgartner's side, which prevents him from moving the children out of the state and distributing or selling any property. On June 9, Costner's side submitted a "preliminary injunction prohibiting petitioner from occupancy," asking the court to order Baumgartner to vacate the property. His attorneys claim that Christine's decision to remain at the property amounts to her holding him hostage while they negotiate.
'Never wanted this to happen again'
According to court documents obtained by Daily Mail, the actor's attorneys say that they have put forth "multiple offers" to his wife Baumgartner, 49, a model turned handbag designer, to get her to leave the former marital home, as she has left the actor in a state of virtual homelessness. "This is surprising and disheartening to me," said Costner. "I was married once before and, upon separation, found myself without a home base and unable to live in my own home. I never wanted this to happen again," the 'Yellowstone' actor added.
Costner is worth $250 million, and their 2004 prenup stipulated that if they separated, she would give up his home and property, while he would give her a $200,000 cash deposit for a new home on top of the $1 million that she was stipulated to get for the same reason upon filing for a divorce. Costner claims that his ex-spouse is violating that agreement and now wants to return to the enormous mansion that they shared. The handbag designer was spotted on the property yesterday.
According to Costner's testimony in court documents, "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." Furthermore, Costner claimed he agreed to pay Baumgartner's mortgage, insurance, and taxes on the new house for a year along with agreeing to give her $1 million toward a new home.
