A judge refused Kevin Costner's estranged wife Christine Baumgartner's request to push back a court hearing on whether or not she will have to vacate her soon-to-be ex-husband's lavish estate amid their high profile divorce.
Baumgartner initially requested that the court date be rescheduled from Wednesday, July 5, to Wednesday, July 12. However, according to documents obtained by Radar, the original day set for the hearing will stand.
As OK! previously reported, Costner alleged his ex violated the terms of their prenup by refusing to leave the mansion within 30 days of filing for divorce. — which occurred on Monday, May 1.
Despite the legal agreement, the mother-of-three — who shares Cayden Wyatt, Hayes Logan and Grace Avery with the Dances with Wolves actor — is still living at the property, disregarding "multiple requests" that she move out even though Costner has allegedly offered "to assist her financially in relocating to a new residence."
"Kevin has acted in good faith and had done everything in his power to make the transition as seamless as possible," his lawyers 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."
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"Securing his right to access his separate property residences in the event of a divorce was an important priority for Kevin," the legal statement continued. "Kevin was married once before and, upon separation, he found himself without a home base and unable to live in his own home. He never wanted that to happen again. Because of the nature of his work, Kevin is frequently working out of town; it was and remains therefore particularly important to him that when he is home, he has a home to go to."
Costner also previously claimed his ex had "taken the position that she will not move out of Kevin’s separate property residence unless and until Kevin agrees to various financial demands."
However, according to The Bodyguard actor, he already paid her $1 million, per what had been agreed upon in the prenup.
