Cohabitation

It does not necessarily mean living together under the same roof; a man may be absent on business, or two married domestic servants may live with different employers, and yet be cohabiting in the broader sense; [1904] P. 389. To live together in the same house. Used without reference to the relation of the parties to each other as husband and wife, or otherwise. Used of sisters or other members of the same family, or of persons not members of the same family, occupying the same house; 2 Vern. 323; Bish. Marr. & Div. & Sep. 506, n. See In re Yardley's Estate, 75 Pa. 207; Sullivan v. State, 32 Ark. 187. See Lascivious Cohabitation.

Living together; living together as husband and wife. Cohabitation means having the same habitation, not a sojourn, a habit of visiting or remaining for a time; there must be something more than mere meretricious intercourse. 75 Pa. St. 207. Cohgeredes una persona censentur, propter unitatem juris quod habent. Co. Litt. 168. Co-heirs are deemed as one person, on account of the unity of right which they possess.

living together. The law presumes that husband and wife cohabit together, even after a voluntary separation has taken place between them; but where there has been a divorce a mensa et thoro, or a sentence of separation, the presumption then arises that they have obeyc.,. the sentence or decree and do no jive together. A criminal cohabij,.tion will not be presumed by the.proof of a single act of criminal ii,ercourse between a man and woman not married. 10 Mass. R. 153. When a woman is proved to cohabit with a man and to assume his name with his consent, he will generally be responsible for her debts as if she had been his wife, 2 Esp. R. 637; 1 Campb. R. 245; this being presumptive evidence of marriage, B. N. P. 114; but this liability will continue only while they live together, unless she were actually his wife, 4 Campb. R. 215. In civil actions for criminal conversation with the plaintiff ’s wife, when the plaintiff will not in general be entitled to recover. 1 Esp. R. 16; S. C. 5 T. R. 357; Peake’s Cas. 7, 39; sed vide 6 East, 248; 4 Esp. 39.