Kevin Costner divorce: 'Yellowstone' star's wife claims he's trying to evict her and their 3 kids

Kevin Costner's estranged wife won't move out of his home, according to a new filing in his divorce case. (Photos: Getty Images)
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Kevin Costner wants his soon-to-be ex-wife, Christine Costner, to vacate their compound. However, she's hitting back, claiming the Yellowstone star is trying to kick her and their children out of the only home that the kids have ever known.

Lawyers for Christine (née Baumgartner) claim in the latest filing, obtained by Insider, that there is no legal basis for Costner's request. "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," Christine's lawyer, John Rydell, alleged in a document filed on Thursday.

"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," Rydell added.

In a legal filing of his own, Costner claimed Christine — with whom the 68-year-old shares three children — is refusing to leave their home, despite the terms of their 2004 prenuptial agreement.

Kevin's legal team, under Laura Wasser, stated in docs that the couple's prenup stipulated that his second wife had 30 days to vacate his home once she filed for divorce. She filed in Santa Barbara County Court on May 1, but still hasn't moved out. The Oscar-winning filmmaker's team wants the court to enforce the terms of the prenup, claiming Christine's "taken the position that she will not move out of Kevin’s separate property residence" until he "agrees to various financial demands."

Kevin said in his declaration, published by Radar Online, that he paid Christine $1 million after she filed for divorce, per the prenup. However, she has ignored "multiple requests" to move from their Carpinteria, Calif., compound. He said he will also give her $200,000 towards a down payment on a new home, and cover the costs of her mortgage, property tax and insurance for a year, per the prenup. Additionally, he'll contribute $30,000, as part of his child-support obligation, to help her secure a rental and advance her $10,000 for moving costs.

In his declaration, he also said he gave Christine $100,000 when they married and $100,000 on their first wedding anniversary, which has grown in savings to $450,000, which could also be used toward the purchase of a new home.

He also claimed that since April, Christine has withdrawn from his bank account or charged to his credit card $95,000 for lawyer and accountant fees "without any prior notice."

The filing noted that Kevin included specific housing plans in his prenup with Christine because after his divorce from first wife Cindy Silva in 1994, he "found himself without a home base and unable to live in his own home. ... He never wanted that to happen again."

The documents also state that the Field of Dreams and Dances With Wolves actor and Christine have agreed, in concept, to share custody. It's noted he has a proposal for that, pays 100% of expenses for the children and is negotiating a summer visitation schedule for their teenage kids: Cayden Wyatt, 15, Hayes Logan, 14, and Grace Avery, 13.

"Kevin has acted in good faith and has done everything in his power to make the transition as seamless as possible," Wasser wrote. "But Christine continues to refuse to vacate his separate property residence, as she agreed she would do in 2004 as a condition of marriage."

Christine filed for divorce in May after 18 years of marriage, citing "irreconcilable differences." She listed their split date as April 11. His rep confirmed the news, saying, "It is with great sadness that circumstances beyond his control have transpired which have resulted in Mr. Costner having to participate in a dissolution of marriage action."

The rep later denied Kevin was unfaithful on the set of Yellowstone.

Attorneys for Kevin and Christine have not responded to Yahoo's request for comment.

Kevin's pricey property portfolio

Kevin — one of the highest-paid TV stars, before hitting eject from Yellowstone — has an impressive real estate portfolio. The actor — who was born in Compton, Calif., and raised in Ventura — has long been a homeowner in Carpinteria, which is near Santa Barbara and posh Montecito.

Costner first bought property in Carpinteria — on 80 feet of ocean frontage — in 1994, according to the Wall Street Journal. He added on a year later and now it consists of multiple buildings. He briefly listed the property, on a private and gated road, for sale with a $24 million price tag in 2006, with it noted the house was 4,860 square feet with four bedrooms and a hot tub, but ended up keeping it.

While reportedly jogging in 2006, he saw a nearby oceanfront property, set on 17-acres, including 1,000 feet of ocean frontage — and purchased it for $28.5 million, making it one of the most expensive U.S. home sales that year. The second property has two small houses, rare private beach access, as well as equestrian facilities and a polo field that he converted to a baseball field. At some point, Kevin sold seven acres to a neighbor. In 2017, he listed the property for $60 million. It was noted that he had designed a large home, pool and guesthouse to build on the property, but never got around to it. During a house tour, he showed off a garden area he built for Christine called "Mommy's Garden." Kevin dropped the price to $55 million, but the property didn't sell and he ultimately took it off the market.

Earlier this month, Costner told Deadline that he took out a mortgage on the property to partially fund his upcoming four-part movie series titled Horizon: An American Saga. "I did it without thinking," he said. "It gave my accountant a freaking dizzy spell. But it's my life and I believe in the idea and the story."

Kevin has a home in nearby Ventura, 15 miles south of Carpinteria, according to multiple reports. He has properties, including multiple condos, in Los Angeles.

The star also owns a 160-acre ranch in Aspen, Colo. — named the Dunbar Ranch — where he married Christine on Sept. 25, 2004. There are three houses on the property, boasting 12 bedrooms, and it's set on on a private lake. He said it's a favorite spot for him to think, as well as boat and fish. Earlier this year, the ranch was being rented out for $36,000 a night.

Kevin's expensive divorce history

The star and his first wife, college sweetheart Cindy Silva, with whom he shares three children (he also has a son with ex-Bridget Rooney) had one of the most expensive divorces in history, according to Forbes. At the time he was one of Hollywood's highest-paid movie stars and he shelled out an $80 million settlement — amid rumors of infidelity on the set of Waterworld — and handed over a restaurant they owned in Pasadena, Calif.

Cindy Costner and Kevin Costner (Photo by Ron Galella, Ltd./Ron Galella Collection via Getty Images)
Cindy and Kevin Costner (Photo: Ron Galella, Ltd./Ron Galella Collection via Getty Images)

He told Parade in 1995, "The collapse of my marriage was the hardest thing of all for me. ... I've experienced personal tragedy. Sometimes I don't even know how I'm still standing."

Four years later, he talked about co-parenting after divorce in an interview with Redbook. "My window of opportunity to be with them has been cut in half. That's a logistical reality of the separation. But what you do is make sure you take that time when it comes. You don't want to be a weekend dad or a once-a-month dad. And you don't want to turn into a Disneyland dad. Cindy and I have really worked hard at being there for them and loving them. Children have to be comfortable hanging out with you. Cindy and I both are available to them. We've been really blessed that we can give them opportunities around the world, but there's something to be said for just taking a Sunday and not even going to the park. We can just be at home and enjoy each other. When my two weeks with them come up, it's not about how fantastic a two weeks I can make it."

In 2012, he told the The Hollywood Reporter, "My faith was shaken" after divorce. "No one wants their marriage to end, and it did. You are going to see the people you love most, your children, only half as much. That's a huge loss."

Coming Up for Kevin

Kevin has been working on his film Horizon in Utah, noting in his divorce declaration that he would be returning to California this month. He stated he didn't anticipate being on location for the rest of 2023. That's bad news for Yellowstone fans, who may hope to get even a tiny cameo of John Dutton before the series ends later this year.

[Editor's note: This story was originally published on June 14, 2023.]