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Common Law

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Living together in the same residence, generally either as husband and wife or for an extended period of time as if the parties were married. cohabitation implies that the parties are having sexual intercourse while living together, but the definition would not apply to a casual sexual encounter. legal disputes have arisen as to whether cohabitation would refer to same sex partners, which is important to those involved since “cohabitation” is the basis of certain rights and privileges under various laws, regulations and contracts. the findings of the courts vary on this question, but the trend is to include long-standing homosexual relationships as cohabitation.

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