50-16.9(b) (2009). Cohabitation is defined by statute as “the act of two adults dwelling together continuously and habitually in a private heterosexual relationship.” Id. “Cohabitation is evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, and which include, but are not necessarily dependent on, sexual relations.” Id. Therefore, to find cohabitation, there must be evidence of: (1) a “dwelling together continuously and habitually” of two adults and (2) a “voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people.” Id.; see Lee’s Family Law § 9.85, at 494-95; cf. Craddock v. Craddock, 188 N.C. App. 806, 812, 656 S.E.2d 716, 720 (2008) (<HOLDING>); Oakley v. Oakley, 165 N.C. App. 859, 863, 599
holding that a probable cause determination is appropriate for summary judgment where there are no genuine issues of material fact and no credibility issues holding that conflicting expert evidence regarding function establishes material issue of fact recognizing that summary judgment on any and all aspects of a partys claim including damages is proper if there are no genuine issues of material fact holding that conflicting evidence related to various factors including frequency of overnight visits by alleged cohabiting man presented genuine issues of material fact holding that when there are no genuine issues of material fact summary judgment is appropriate