(dissenting).
I must respectfully dissent from the result reached by the majority.
The following definition of cohabitation for the purposes of the Gibsons’ decree of dissolution appears to be used by the majority: a sexual relationship plus “living or abiding or residing” by the paramour in the homestead. The majority finds the existence of a sexual relationship. I agree with this finding.
However, the majority does not find the second prong of its cohabitation definition. I believe this is due to an over-emphasis by the majority on “residence” as opposed to “living” or “abiding.” While the boyfriend maintained a residence elsewhere, he spent at least a majority of his evenings, nights and mornings under petitioner’s roof. The definition of abide includes: “to be or remain stable or fixed in some state or constant in some relationship; to continue in a place.” Webster’s Third New International Dictionary at 5 (1971). The definition of live includes: “to occupy a home.” Id. at 1323. I find the boyfriend is abiding and living in petitioner’s homestead.
The fact that the boyfriend is conducting his meretricious relationship on a cost-free basis to him should not prevent a finding of cohabitation in this case. I believe the finding by the majority frustrates the intent and design of the dissolution decree provision which is in question here.
I would affirm the district court.