Anne Heche has accused James Tupper of locking her out of their home – but he has suggested her allegations stemmed from "drug use".
The former couple – who split in 2017 after 10 years together – initially agreed to stay in their Los Angeles house on alternate weeks when they had custody time with their 10-year-old son Atlas, but the 50-year-old actress claimed her ex-partner changed the keys and security code so he could show the property to inspectors, even though she never agreed to sell.
In response, James insisted he never changed anything and immediately provided another key.
In an email to Anne’s lawyer obtained by RadarOnline.com, he wrote: "I truly do not understand this drama and hope it isn’t linked to extended drug use."
The 54-year-old actor also stressed 17-year-old Homer, Anne’s son from a previous relationship, was able to get inside without any problems.
He wrote in his declaration: "I did not change the locks, nor did anyone else. … This code works today, worked yesterday, and has worked continually for a decade. I have never deactivated it. … On the night she claims to have been cast out, Anne’s other son (a 17-year old boy) entered and spent the night at the property, without incident. …
"Obviously, if Anne wanted to get into the house, even if she has lost her key and somehow forgot her alarm code (which is inconceivable), she could have simply asked her son to let her in."
James also insisted the ‘Donnie Brasco’ star had no stake to the property as the deeds are only in his name.
His lawyer, David Alden Erikson, wrote: "The parties’ custody agreement does not mention the property. … What appears to have now happened is that Heche was so angered by what she mistakenly and inexplicably perceived as a lockout, that she asked her attorneys to enforce the arrangement as if it were Tupper’s legal obligation. And by the time Tupper demonstrated that no lockout occurred, Heche has gone too far to back down."
The ‘John Q’ actress claimed she agreed to deed the house over to her former partner last year so he could refinance the property and get around $450,000, on the proviso her name was placed back on the property deeds after he received the money.
However, she was left "shocked and terrified" when she was told the money – which went into a separate account was earmarked for bills and other expenses over the next two years – had all gone and she never got her name back on the deeds.
She said in a signed declaration: "Hindsight is 20/20. I should not have been so naïve and trusting.
"As it turns out, contrary to our agreement, James had used the designated separate account like a personal ATM machine, and has spent the monies on various things that I never approved of, and that he never even asked or informed me about. …
"I am appalled that James has violated my trust and confidence in this matter."
A hearing relating to the custody agreement has been scheduled for next month and the actress has also filed a civil suit against her former partner and others for the title and lien to the property.
Anne Heche rows with James Tupper over property
