Kevin Costner's Estranged Wife's Lawyer Says Actor Has No 'Legal Basis' to Kick Her Out of Home

A Costner source tells PEOPLE, 'Kevin has gone above and beyond in providing Christine the necessary means to find a suitable place for her to move'

A lawyer for Kevin Costner's estranged wife says the actor cannot legally force her to leave the home they have long shared as a family.

According to court documents obtained by Insider on Thursday, Christine's attorney John Rydell says the request for order (RFO) previously filed by Costner, 68, "seeks to kick Christine and their three children out of the house that the children have lived in for their entire lives."

"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 reportedly added in the court filing, per Insider. (The attorney did not immediately respond to PEOPLE's request for comment Friday morning.)

A Costner source tells PEOPLE, "It’s disingenuous to bring the kids into this. This has nothing to do with the kids. The kids’ foundation is solid. This is all about Christine. Kevin has gone above and beyond in providing Christine the necessary means to find a suitable place for her to move."

Rydell's reported statements came one day after TMZ obtained court documentation stating Costner said that, per their prenuptial agreement, Christine, 49, had 30 days to leave the house owned by the Yellowstone actor after filing for divorce. Since she filed on May 1, that deadline has passed and she is still at the property.

Never miss a story — sign up for PEOPLE's free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer, from juicy celebrity news to compelling human interest stories.

The documents filed by Costner further alleged, according to TMZ, that Christine has not budged in an effort to force Costner to agree to "various financial demands."

A source told PEOPLE on Tuesday that Costner has given his ex $1 million on top of what is required in their prenuptial agreement.

"He has gone above and beyond what the prenup specified," said the insider.

The documents also stated that Costner is willing to contribute a $10,000 advance toward Christine's moving costs and $30,000 per month for a rental home, per TMZ.

The pair married in September 2004 and share three kids: sons Cayden, 16, and Hayes, 14, plus daughter Grace, 13. Costner is also dad to four older children from previous relationships: Annie, Lily, Joe and Liam.

A rep for the Field of Dreams actor confirmed to PEOPLE on May 2 that he and his wife of 18 years were breaking up after she filed for divorce. Christine listed their date of separation as April 11, and cited irreconcilable differences.

In his response filed afterward, Costner also asked for joint custody and cited irreconcilable differences. The actor/director's filing also mentioned a prenup, in regards to spousal support, legal fees and properties.

The "separate property" his legal team listed include: "Miscellaneous jewelry and other personal effects; earnings and accumulations of Respondent before marriage, during marriage, and from and after the date of separation; [and] there are additional separate property assets and obligations of each party as mandated by the parties' Premarital Agreement."

They also add, "Pursuant to the terms in Paragraph 9.A. of the parties' Premarital Agreement, Petitioner to vacate Respondent's separate property residences."

For more People news, make sure to sign up for our newsletter!

Read the original article on People.