Vivian Hildenbrand and Tom Hildenbrand began living together in Oregon in 1975 and continuously did so until Tom’s death in 1984. During this time, pursuant to mutual agreement, they cohabited and held themselves out as husband and wife, but never went through a marriage ceremony. They purchased real property in their joint names as husband and wife. On four different occasions, they went on vacation fishing trips to a resort in Montana, where they registered as husband and wife, held themselves out as such, and lived together during their stay. Two trips in 1977 were of three days’ duration each. Two trips were of seven days’ duration each, one in 1978 and one in 1979. Oregon does not recognize common law marriages; Montana does.

a. Were the parties married in 1984?

b. Assume that Tom Hildenbrand died while he was working for the Oregon XYZ Chemical Company, due to an on-the-job accident. Vivian claims Oregon workers’ compensation benefits. The state Workers’ Compensation Board denies these benefits on the ground that she was not his wife. Draft a complaint for Vivian against the board.