Kevin Costner's estranged wife Christine Baumgartner has accused him of trying to make their children "homeless by kicking them out of their house".
‘The Bodyguard’ actor’s 49-year-old former partner filed for divorce from him less in May after almost 19 years of marriage – citing “irreconcilable differences”– and the split appears to have turned ugly after Costner asked Baumgartner to vacate their marital home in Carpinteria.
According to legal papers filed by Baumgartner and obtained by DailyMail.com, Costner is "seeking to kick Christine and their three children out of the house that the children have lived in for their entire lives".
Costner and Baumgartner share children Cayden, 15, Hayes, 14, and Grace, 12, and have both asked for joint physical and legal custody.
Costner’s lawyers have claimed that under the terms of a pre-nup signed by both parties, their houses were to remain in his possession, while he would provide Baumgartner with money and mortgage for a year.
Baumgartner’s attorney John R Rydell II said in the latest filing: "The legal basis for Kevin's request to kick his wife and children out of their home is all but non-existent, (but) this is still a matter of critical importance to Christine."
However, 68-year-old Costner fired back: "I would... like to make it clear that I am not kicking our children out of their home.
"Christine and will be sharing equal physical custody of our children and they will be in their home, in their bedrooms, with their clothing, books, and belongings during the time that they are in my custody and any additional time that they would like to be there.
"Our children are teenagers and may come and go between my home and Christine’s home, once she finds new residence.
"Therefore, our children have nothing to do with my request. am only requesting that Christine vacate my separate property home and find alternate living arrangements, which she agreed to do and should have begun doing so in April when she decided to file for divorce.
"I do not believe that it is healthy for Christine and I to be in limbo or to be sharing space upon my return.
"Christine has the financial ability to find alternate housing on temporary or permanent basis and have consistently offered to assist her with zero response from her or her representatives.
"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."
Costner’s attorney Laura Wasser said: "Kevin has acted in good faith and had done everything in his power to make the transition as seamless as possible. But Christine continues to refuse to vacate his separate property residence, as she agreed she would do in 2004 as a condition of marriage."