Bijou Phillips and Danny Masterson were not living apart for five years prior to his rape conviction, according to her attorney.
After Phillips, 43, filed for divorce earlier this month, court documents listed a second address for the former couple’s 9-year-old daughter, Fianna. The paperwork, which was filed on September 18, stated that the child lived solely with her mother in Santa Ynez, California, from 2018 to present day.
Phillips’ lawyer, however, clarified on Saturday, September 23, that Masterson, 47, also resided on the property even though he wasn’t listed in the paperwork. Peter Lauzon told Page Six that since the actor is not living there “at this moment,” he wasn’t mentioned.
In response to a question about whether Masterson resided with Phillips and their daughter before he went to jail, Lauzon replied, “Yes, of course he was.” Phillips and Masterson previously lived with their child in Hollywood, California, from 2014 to 2018 before the property was sold three years later.
Phillips made reference to their move in a letter she wrote to Judge Charlaine F. Olmedo ahead of Masterson’s sentencing. The actor was previously arrested and charged with three counts of rape. Following accusations from multiple women about alleged behavior in early 2000s, Masterson was convicted in May on two counts of rape and sentenced earlier this month to 30 years in prison.
“From day one, I have denied the outrageous allegations against me. Law enforcement investigated these claims more than 15 years ago and determined them to be without merit,” Masterson told Us Weekly in 2017 about the claims. “I have never been charged with a crime, let alone convicted of one. In this country, you are presumed innocent until proven guilty. However, in the current climate, it seems as if you are presumed guilty the moment you are accused.”
Phillips, meanwhile, praised her husband’s devotion to their family while requesting a shorter sentence for him.
“We left our home in Los Angeles to move to a farm in Santa Ynez, where I could recuperate [following health issues]. Danny immediately began to work the land and grow a beautiful vineyard with 6,000 vines, that he tended on his own for six years,” she wrote in a letter obtained by The Underground Bunker, which specializes in news about Scientology. “He toiled long days on the land to make it profitable for our family. He took classes to learn about growing grapes, wines and he became a sommelier. He also studied the business end of it.”
Phillips ultimately filed for divorce after 12 years of marriage following Masterson’s sentencing. Us confirmed that she requested to “terminate the court’s ability to grant support” to Masterson and asked to be granted full legal and physical custody of their daughter.
The actress is also seeking for their assets to be divided up by the court as separate property with no mention of a prenup. She cited “irreconcilable differences” as the reason for their split, requesting that Masterson pay her attorneys fees as well.
“Ms. Phillips has decided to file for divorce from her husband during this unfortunate time. Her priority remains with her daughter,” Lauzon said in a statement shortly after the divorce news made headlines. “This period has been unimaginably hard on the marriage and the family. Mr. Masterson was always present for Ms. Phillips during her most difficult times of her life. Ms. Phillips acknowledges that Mr. Masterson is a wonderful father to their daughter.”