Kanye West is fighting Kim Kardashian‘s request to be declared legally single.
The 44-year-old rapper filed a response to his ex’s December petition in the Superior Court of California Wednesday in Los Angeles County, according to court documents obtained by PEOPLE.
West’s lawyers claim in the response that granting single status before issues like custody of their four children (North, 8, Saint, 6, Chicago, 4, and Psalm, 2½) and shared properties are settled in their ongoing divorce could result in “a risk of adverse consequences.”
The filing adds, “An early termination of status also creates barriers to obtaining evidence” if one of them “remarries before the case is concluded.”
The response lays out several “conditions” the Donda rapper wants to be met, including for Kardashian to forfeit her marital privilege with West — and her new spouse, should she remarry — until their custody dispute is resolved.
Along with not having to testify against a spouse or serve as a witness, marital privilege also allows spouses to conceal conversations between them.
“If status is terminated now without his condition, then a barrier to obtaining evidence regarding parenting and custody will arise if Kim remarries before the case is concluded,” the docs state.
In his conditions, Kanye West wants his “right of reimbursement” to be carried out “if either party dies” and for Kardashian to agree not to move assets from their trust before the terms of their property are decided, per the court docs, which state that Kardashian “rejected” West’s requests Tuesday.
West’s lawyers said in the filing that “Kim’s motion should be denied without prejudice so that Kim can refile it with the mandatory corrections and requested conditions.”
Earlier this week, West took “accountability” for a series of Instagram posts he made about his estranged wife and her boyfriend, Pete Davidson.
The rapper completely erased his account Tuesday after sharing a series of screenshots of texts he’d received from Kardashian and Davidson and memes that he captioned with harassing messages.
