Also known as: resident of the same household · residing in the same household · reside in the same household · same household · household member · cohabitant
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A factual circumstance in which an individual lives together with a child in a shared residence for the first two years of the child's life, including periods of temporary absence. This circumstance, when combined with openly holding the child out as one's own, creates a presumption of parentage under the Uniform Parentage Act.
A factual circumstance in which a named insured's spouse or relatives live together with the named insured in a shared residence. This circumstance qualifies those individuals as class-one insureds entitled to coverage under standard automobile policies for uninsured-motorist claims.
Each sense below has its own examples, sources, and questions.
A factual circumstance in which an individual lives together with a child in a shared residence for the first two years of the child's life, including periods of temporary absence. This circumstance, when combined with openly holding the child out as one's own, creates a presumption of parentage under the Uniform Parentage Act.
Select any source to read its text and confirm it supports the definition.
Ricardo Rojas moved into a farmhouse with Maya and her infant son Max. For the next two years Ricardo lived there continuously, worked locally, and presented Max as his own child at school and medical appointments. When Maya later sought child support after Ricardo relocated, the court applied the two-year household residency rule to presume Ricardo's parentage.
The Uniform Parentage Act requires that the individual resided in the same household with the child for the first two years of the child's life, including any period of temporary absence. The statute treats this sustained cohabitation plus holding the child out as one's own as sufficient to create the presumption.
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No. The presumption arises from the factual combination of two-year cohabitation and holding the child out as one's own, regardless of genetic connection. It may be overcome only by adjudication or a valid denial of parentage.
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A factual circumstance in which a named insured's spouse or relatives live together with the named insured in a shared residence. This circumstance qualifies those individuals as class-one insureds entitled to coverage under standard automobile policies for uninsured-motorist claims.
Select any source to read its text and confirm it supports the definition.
Rita Russell, the named insured on an automobile policy, lived with her adult son Ralph in the family home. After Ralph was injured by an uninsured driver while driving his own car, the insurer denied coverage. The court examined whether Ralph qualified as a resident of the same household as Rita and therefore as a class-one insured.
Courts examine the facts of shared living arrangements, including whether the relative lives with the named insured in a common residence. The phrase lacks a precise statutory definition and is interpreted case by case under the policy language.
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No. The relative must also be a spouse or blood relative of the named insured and satisfy the policy's definition of resident of the same household. Courts treat the term as a factual inquiry rather than a bright-line rule.
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A proceeding to challenge the presumption may be commenced after the child becomes an adult only if the child initiates the proceeding. An outside claimant lacks standing to commence such an action once the child is an adult.
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