New court documents from Kristin Cavallari and Jay Cutler‘s divorce reveal that the former NFL player filed an emergency motion for restraint to prevent The Hills star from buying a third home. Jay, in the documents, obtained by HollywoodLife, calls the $5.5 million, 6788 sq. foot house in Franklin, Tennessee, which Kristen desires to purchase, “a completely frivolous and unnecessary expense.” Kristin’s reason for wanting another home, according to a motion for distribution filed April 28, is to better facilitate their “nesting agreement.” At the moment, Jay and Kristin switch custody of their three minor children — Camden, 7, Jaxon, 5, and Saylor, 4 — every three days.
When it’s Jay’s time with the children, Kristin stays with a friend, according to the motion. When it’s Kristin’s turn, Jay returns to another home they own, which is currently for sale. She is arguing that she needs a permanent place to stay, especially because she claims Jay informed her he would be moving back into their main home “and would not be leaving again. Wife [Kristin] believes this is an unhealthy environment for their minor children.” This echoes what Kristin claimed in her response to Jay’s petition for divorce, filed April 24: that Jay is allegedly “guilty of such inappropriate marital conduct as renders further cohabitation unsafe and improper.”
Regardless of Kristin’s reasons for wanting to purchase the property, Jay asks in his emergency motion that Kristin be “restrained from entering into any contracts” while their divorce is pending, or “purchasing any additional real property without the Husband’s consent and approval.” Included in a motion to strike objection from Jay, is an email from the couple’s joint financial advisor, J. Kent Giguere, to Kristin.
In the message, Giguere tells the Very Cavallari star that it’s “in your best interest” not to buy the home “without a clear picture of what your finances are going to look like.” He stresses that he’s not telling her she can’t buy the home, but advises she wait.Click to Subscribe to Get Our Free HollywoodLife Daily Newsletter to get the hottest celeb news.