Costner also alleges Christine charged over $100,000 on a credit card he has since canceled.
Kevin Costner wants his wife Christine Baumgartner out of her California home by mid-July.
In court documents filed June 30 and obtained by PEOPLE, the Oscar-winning actor’s legal team says Baumgartner is “hanging on to straws with one baseless argument after another,” as to why she should be allowed to stay.
Costner, the document continues, “respectfully requests that Christine be ordered to vacate her residence of separate ownership immediately and no later than July 13, 2023.”
Related: A Complete Timeline of Kevin Costner and Christine Baumgartner’s Divorce
Baumgartner has remained in the Santa Barbara compound, worth an estimated $145 million, since filing for divorce on May 1, despite a clause in her prenuptial agreement that he says requires her to leave within 30 days. This deadline has since passed.
These latest documents from Costner, who bought the property in 1988 before marrying Baumgartner, come in response to his ex-wife’s June 28 filing, in which she said her claims that she would not leave the house were “simply untrue” and that she will vacate their beachfront property by August 31 if a child support agreement is reached.
The exes share three children together — Cayden, 16, Hayes, 14, and Grace, 13 — who have lived in the Santa Barbara compound their entire lives. In order to create a “proper separate home” for them, she asked for $248,000 a month in child support, a figure that Costner dismissed as “inflated”.
On May 2, a rep for Costner, 68, confirmed to PEOPLE that Baumgartner, 49, had filed for divorce after 18 years of marriage. She listed their separation date as April 11 and cited “irreconcilable differences”, requesting joint custody of their three children.
Since then, the estranged couple’s legal teams have exchanged legal documents in pointed terms, battling over numerous issues, including child support.
Under the terms of their prenuptial agreement, Baumgartner is only entitled to $1.4 million, a sum that Costner claims to have paid.
In their new response brief, Costner’s attorneys cited local real estate listings, providing evidence that there are homes nearby that the former handbag designer cannot claim are unaffordable.
“Christine can afford to move,” read their response. “She has close to $1,500,000 in cash at her disposal to find alternative accommodation. Several attractive 4 bedroom, 4 bathroom homes are currently available, located close to Kevin’s separate residence… Kevin has made several offers to help him move.
A source close to Costner recently told PEOPLE, “It’s all about Christine. Kevin went above and beyond in providing Christine with the means to find a suitable place for her to move to.”
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In late June, court documents obtained by TMZ indicated Costner was willing to give Baumgartner $10,000 to cover moving costs plus $30,000 a month for a rental home.
In a statement coming directly from Costner, the new memorandum in response confirms that he paid Baumgartner those amounts plus the million dollars owed under their prenuptial agreement.
“I offered to make full use of the household staff to help her move, and I offered to pay her now the additional $200,000 I owe her under PMA in cash, rather than as a down payment. for her house purchase… I also told her that I would continue to pay 100% of the children’s expenses since she filed for divorce, and I did.
He added that “there are several very nice homes in the Santa Barbara area advertised for rentals of six weeks and longer through Airbnb. She could have arranged for a month or two months or a shorter term rental.
Costner went on to detail the effect this conflict had on his next screen project, Horizon: an American sagaon which he is a producer, director, screenwriter and actor.
Because Baumgartner, according to Costner, refused to leave their home within 30 days of filing for divorce, saying she “did not respond until June 23 to my request that she at least leave the master bedroom.” , he is now unable “to begin post-production work on Horizon.”
“Because I am not now comfortable sharing a residence with Christine, I reluctantly changed my travel plans and delayed my return home,” said Costner, who would have instead visited. on his 160-acre ranch in Aspen, Colorado.
“This forced change in my plans materially interferes with my work commitments,” he added of what he hopes will be “a four-film project.” The first installment of Horizonaccording to the new document, is slated “to hit film festivals later this year, with a theatrical release by the end of the year.”
Costner also mentioned this because he is no longer involved with the hit Paramount Network series. Yellowstonethe actor’s biggest source of income, his “earnings in the future depend on the timely completion and release Horizon movies, starting with Horizon I.”
Baumgartner’s attorneys did not immediately respond to PEOPLE’s requests for comment.
Costner further claimed that he canceled one of Baumgartner’s credit cards because, throughout May and early June, she allegedly charged more than $100,000: “Christine began charging significant amounts on credit cards payable to its divorce attorneys and forensic accountants. She gave me no advance warning each time she did.”
Costner and Baumgartner are due in court on July 5 for a case management conference.
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