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

A source close to Costner tells PEOPLE, “Kevin has done everything he can to provide Christine with the necessary resources to find a suitable place for her to relocate.”

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

According to court documents obtained by Insider on Thursday, Christine’s attorney John Rydell says the request for an injunction (RFO) previously filed by Costner, 68, “seeks to evict Christine and their three children from the home where the children have lived their entire lives.”

“While the legal basis for Kevin’s request to evict his wife and children is virtually nonexistent, this is still a matter of critical importance to Christine,” Rydell reportedly added in the court document, according to Insider. (The attorney did not immediately respond to PEOPLE’s request for comment Friday morning.)

A source close to Costner tells PEOPLE, “It’s unfair 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 done everything he can to provide Christine with the resources necessary to find a suitable place for her to move.”

Rydell’s reported statements came a day after TMZ obtained court documents showing that Costner had said Christine, 49, had 30 days under their prenuptial agreement to vacate the home owned by Yellowstone actor after filing for divorce. Because she filed for divorce on May 1, that deadline has passed and she is still in the building.

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According to TMZ, the documents filed by Costner further allege that Christine failed to budge in an attempt to force Costner to agree to “various financial demands.”

A source told PEOPLE on Tuesday that Costner gave his ex an additional $1 million above and beyond what was required in their prenuptial agreement.

“He went beyond what was in the prenup,” the insider said.

The documents also show that Costner is willing to pay a $10,000 advance toward Christine’s moving expenses and $30,000 a month toward a rental home, TMZ reported.

The couple married in September 2004 and have three children: sons Cayden, 16, and Hayes, 14, plus daughter Grace, 13. Costner is also the father of four older children from previous relationships: Annie, Lily, Joe and Liam.

A representative for the Field of dreams actor confirmed to PEOPLE on May 2 that he and his wife of 18 years were splitting after she filed for divorce. Christine listed the date of separation as April 11, citing irreconcilable differences.

In his subsequent response, Costner also requested joint custody and cited irreconcilable differences. The actor/director’s filing also listed a prenuptial agreement, covering spousal support, legal fees and property.

The “separate property” his legal team listed included: “Miscellaneous jewelry and other personal property; income and collections of Defendant before the marriage, during the marriage, and from and after the date of separation; (and) there are additional separate properties, assets and liabilities of each party as set forth in the parties’ prenuptial agreement.”

They add: “Pursuant to the terms of Section 9.A. of the parties’ prenuptial agreement, Petitioner will vacate Respondent’s separate residences.”

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