278 Mich. App. 198 - Smith v. Smith’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"First, there must be an actual living together, that is, the man and woman must reside together in the same home or apartment. Secondly, such a living together must be of a sustained duration. Third, shared expenses with respect to financing the residence (i.e., rent or mortgage payments) and incidental day-to-day expenses (e.g., groceries) are the principal relevant considerations." [ Smith v. Smith, 278 Mich.App. 198, 202 , 748 N.W.2d 258 (2008), citing Birthelmer v. Birthelmer, unpublished opinion of the Court of Appeals of Ohio for the Sixth District, issued July 15, 1983 (Docket No. L-83-046), 1983 WL 6869 , , as affirmed and applied in Dickerson v. Dickerson, 87 Ohio App.3d 848 , 623 N.E.2d 237 (1993), and Moell v. Moell, 98 Ohio App.3d 748 , 649 N.E.2d 880 (1994).]”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Smith

2. “First, there must be an actual living together, that is, the man and woman must reside together in the same home or apartment. Secondly, such a living together must be of a sustained duration. Thirdly, shared expenses with respect to financing the residence (i.e., rent or mortgage payments) and incidental day-to-day expenses (e.g., groceries) are the principal relevant considerations. [Wlhether [they] intended to cohabitate; whether they held themselves out as living together; whether they assumed obligations generally arising from ceremonial marriage; whether a sexual relationship existed; whether marriage was contemplated; whether they used one another’s addresses; whether they kept joint accounts; whether they were economically interdependent....”

   1 later decision quote this exact passage · from the majority
   e.g. Chopin v. Chopin

3. “[c]ohabitation requires more than briefly living together or regularly engaging in sexual activity. Pursuant to the dictionary definition of cohabitation, the couple must be `living together. . . as partners in life,' or `dwelling together. . . in the manner of husband and wife.'”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Smith