1, cohabitation between a man and a widow is generally not a crime;
However, if both of them live together in the name of husband and wife, it will constitute bigamy and will be sentenced by the court.
If one party is found guilty of bigamy, the following evidence can be collected when obtaining evidence:
1. Legal marriage with marriage certificate. Specifically, direct evidence such as marriage registration or forged marriage certificate and birth certificate of children born with others can be collected;
2. Living together in the name of husband and wife without obtaining a marriage certificate. In other words, the two sides have formed a de facto marriage. Although there is no direct evidence, the evidence that can be collected is the witness testimony of a friend, the guarantee and confession of one of the extramarital affairs, or the photos and videos of their extramarital affairs, and the intimate messages sent by both parties.
How to deal with illegal cohabitation;
1. If both parties have no spouse, they can dissolve the cohabitation relationship by themselves, and the property acquired by both parties during cohabitation should be the same property;
2. If one spouse cohabits with others, which leads to divorce, he can claim damages without fault;
3. If one party has a spouse but lives with the other party in the name of husband and wife, it can constitute bigamy, and damages should be paid to the spouse and innocent cohabitants;
4, the people's court in the trial of marriage registration and cohabitation in the name of husband and wife, if the illegal circumstances are serious, should be based on the relevant provisions of laws and regulations, to give corresponding civil sanctions.
To sum up, cohabitation does not constitute a crime, but cohabitation in the name of husband and wife will constitute bigamy.
Legal basis:
Article 258 of the Criminal Code of People's Republic of China (PRC).
Whoever commits bigamy while having a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Article 1042 of the Civil Code of People's Republic of China (PRC)
Arranging, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to ask for property through marriage. Bigamy is prohibited. Spouses are prohibited from living together with others.