Classification and Distribution of Assets

Except as indicated, all indented material is copied directly from the court’s opinion

Decisions of the Tennessee Supreme Court

Decisions of the Tennessee Court of Appeals

Booker v. Booker, No. E2022-01228-COA-R3-CV, p. 13-14 (Tenn. Ct. App. Oct. 24, 2023).

The classification of property as either separate or marital is “a question of fact to be determined in light of all relevant circumstances.” Snodgrass v. Snodgrass, 295 S.W.2d 240, 245 (Tenn. 2009) (citing Longford v. Longford, 421 S.W.2d 632, 634 (Tenn. 1967)). The trial court’s findings of fact are reviewed de novo with a presumption of correctness and “we must honor those findings unless there is evidence which preponderates to the contrary.” Id. at 245 (quoting Keyt v. Keyt, 244 S.W.3d 321, 327 (Tenn. 2007)). Conclusions of law, however,r are reviewed de novo with no presumption of correctness. Id. at 245-46. Finally, the trial court’s division of assets is afforded great weight on appeal, and that decision will not be disturbed “unless the distribution lacks proper evidentiary support, misapplies statutory requirements or procedures, or results in some error of law.” Id. at 245.

Greene v. Greene, No. M2022-01171-COA-R3-CV, p. 3 (Tenn. Ct. App. Oct. 11, 2023).

Prichard v. Prichard, No. W2022-00728-COA-R3-CV, p. 4 (Tenn. Ct. App. Mar. 31, 2023).

The division of the marital estate in divorce cases “necessarily begins with the classification of the parties’ property as either marital or separate property.”5 Green v. Green, No. W2019-01416-COA-R3-CV, 2021 WL 1343569, at *4 (Tenn. Ct. App. Apr. 12, 2021) (quoting Brown v. Brown, 913 S.W.2d 163, 166 (Tenn. Ct. App. 1994); see Tenn. Code Ann. § 36-4-121(b) (defining “separate property” and “marital property”). “The classification of particular property as either separate or marital is a question of fact to be determined in light of all relevant circumstances.” Id. (quoting Snodgrass, 295 S.W.3d at 245). The court’s decision regarding classification is subject to its “sound discretion and will be given great weight on appeal.” Trezevant v. Trezevant, 568 S.W.3d 595, 607 (Tenn. Ct. App. 2018) (citing Dunlap v. Dunlap, 996 S.W.2d 803, 814, (Tenn. Ct. App. 1998)).

Creger v. Creger, No. M2022-00558-COA-R3-CV, p. 8-9 (Tenn. Ct. App. Mar. 16, 2023).

In a case involving the proper classification and distribution of assets incident to a divorce, our Supreme Court has elucidated the applicable standard of review as follows:

This Court gives great weight to the decisions of the trial court in dividing marital assets and “we are disinclined to disturb the trial court’s decision unless the distribution lacks proper evidentiary support or results in some error of law or misapplication of statutory requirements and procedures.” Herrera v. Herrera, 944 S.W.2d 379, 389 (Tenn. Ct. App. 1996). As such, when dealing with the trial court’s findings of fact, we review the record de novo with a presumption of correctness, and we must honor those findings unless there is evidence which preponderates to the contrary. Tenn. R. App. P. 13(d); Union Carbide Corp. v. Huddleston, 854 S.W.2d 87, 91 (Tenn. 1993). Because trial courts are in a far better position than this Court to observe the demeanor of the witnesses, the weight, faith, and credit to be given witnesses’ testimony lies in the first instance with the trial court. Roberts v. Roberts, 827 S.W.2d 788, 795 (Tenn. Ct. App. 1991). Consequently, where issues of credibility and weight of testimony are involved, this Court will accord considerable deference to the trial court’s factual findings. In re M.L.P., 228 S.W.3d 139, 143 (Tenn. Ct. App. 2007) (citing Seals v. England/Corsair Upholstery Mfg. Co., 984 S.W.2d 912, 915 (Tenn. 1999)). The trial court’s conclusions of law, however, are accorded no presumption of correctness. Langschmidt v. Langschmidt, 81 S.W.3d 741, 744-45 (Tenn. 2002).

Keyt v. Keyt, 244 S.W.3d 321, 327 (Tenn. 2007).

Grider v. Grider, No. M2022-00213-CO-R3-CV, p. 6 (Tenn. Ct. App. Jan. 30, 2023).

Trial judges have wide latitude in fashioning an equitable division of marital property, see Fisher v. Fisher, 648 S.W.2d 244, 246 (Tenn. 1983); Brown v. Brown, 913 S.W.2d at 168, and appellate courts accord great weight to a trial judge’s division of marital property. See Wilson v. Moore, 929 S.W.2d 367, 372 (Tenn. Ct. App. 1996); Edwards v. Edwards, 501 S.W.2d 283, 288 (Tenn. Ct. App. 1973). Thus, we will ordinarily defer to the trial judge’s decision unless it is inconsistent with the factors in Tenn. Code Ann. [Sec.] 36-4-121(c) or is not supported by a preponderance of the evidence.

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The valuation of a marital asset is a question of fact. …On appeal, we presume the trial judge’s factual determinations are correct unless the evidence preponderates against them. See John v. John, 932 S.W.2d 939, 941 (Tenn. Ct. App. 1996).

Kinnard v. Kinnard, 986 S.W.2d 220, 221 (Tenn. Ct. App. 1998) (other internal citations omitted). As our Supreme Court has previously explained, we give “great weight to a trial court’s decisions regarding the division of marital assets, and we will not disturb the trial court’s ruling unless the distribution lacks proper evidentiary support, misapplies statutory requirements or procedures, or results in some error of law.” Snodgrass v. Snodgrass, 295 S.W.3d 240, 245 (Tenn. 2009).

Burnett v. Burnett, No. E2021-00900-COA-R3-CV, p. 3-4, 5 (Tenn. Ct. App. Dec. 7, 2022).

The classification of particular property as either separate or marital is a question of fact to be determined in light of all relevant circumstances. See Langford v. Langford, 220 Tenn. 600, 421 S.W.2d 632, 634 (1967); Cutsinger v. Cutsinger, 917 S.W.2d 238, 241 (Tenn. Ct. App. 1995). This Court gives great weight to a trial court’s decisions regarding the division of marital assets, and we will not disturb the trial court’s ruling unless the distribution lacks proper evidentiary support, misapplies statutory requirements or procedures, or results in some error of law. Keyt v. Keyt, 244 S.W.3d 321, 327 (Tenn. 2007). As to the trial court’s findings of fact, “we review the record de novo with a presumption of correctness, and we must honor those findings unless there is evidence which preponderates to the contrary.” Id. However, we accord no presumption of correctness to the trial court’s conclusions of law. Id.

Snodgrass v. Snodgrass, 295 S.W.3d 240, 245-46 (Tenn. 2009).

…

The trial court has broad discretion in devising an equitable division of marital property. Flannary v. Flannary, 121 S.W.3d 647, 650 (Tenn. 2003). This Court will not overturn the trial court’s determination unless “it is inconsistent with the statutory factors or lacks proper evidentiary support.” Trezevant v. Trezevant, 568 S.W.3d 595, 607 (Tenn. Ct. App. 2018) (citing Baggett v. Baggett, 422 S.W.3d 537, 543 (Tenn. Ct. App. 2013)).

Self v. Self, No. E2021-01130-COA-R3-CV, p. 7-8 (Tenn. Ct. App. Dec. 1, 2022).

In a case involving the proper classification and distribution of assets incident to a divorce, our Supreme Court has explained the applicable standard of appellate review as follows:

This Court gives great weight to the decisions of the trial court in dividing marital assets and “we are disinclined to disturb the trial court’s decision unless the distribution lacks proper evidentiary support or results in some error of law or misapplication of statutory requirements and procedures.” Herrera v. Herrera, 944 S.W.2d 379, 389 (Tenn. Ct. App. 1996). As such, when dealing with the trial court’s findings of fact, we review the record de novo with a presumption of correctness, and we must honor those findings unless there is evidence which preponderates to the contrary. Tenn. R. App. P. 13(d); Union Carbide Corp. v. Huddleston, 854 S.W.2d 87, 91 (Tenn. 1993). Because trial courts are in a far better position than this Court to observe the demeanor of the witnesses, the weight, faith, and credit to be given witnesses’ testimony lies in the first instance with the trial court. Roberts v. Roberts, 827 S.W.2d 788, 795 (Tenn. Ct. App. 1991). Consequently, where issues of credibility and weight of testimony are involved, this Court will accord considerable deference to the trial court’s factual findings. In re M.L.P., 228 S.W.3d 139, 143 (Tenn. Ct. App. 2007) (citing Seals v. England/Corsair Upholstery Mfg. Co., 984 S.W.2d 912, 915 (Tenn. 1999)). The trial court’s conclusions of law, however, are accorded no presumption of correctness. Langschmidt v. Langschmidt, 81 S.W.3d 741, 744-45 (Tenn. 2002).

Keyt v. Keyt, 244 S.W.3d 321, 327 (Tenn. 2007). See Manis v. Manis, 49 S.W.3d 295, 306 (Tenn. Ct. App. 2001) (holding that appellate courts reviewing a distribution of marital property “ordinarily defer to the trial judge’s decision unless it is inconsistent with the factors in Tenn. Code Ann. § 36-4-121(c) or is not supported by a preponderance of the evidence.”).

Mangum v. Mangum, No. E2021-00285-COA-R3-CV, p. 23 (Tenn. Ct. App. Nov. 7, 2022).

In Larsen-Ball v. Ball, 301 S.W.3d 228 (Tenn. 2010), the Tennessee Supreme Court stated as follows with regard to the division of a marital estate:

After classifying the divorcing parties’ assets as either separate or marital, the trial court must divide the marital estate equitably by weighing the relevant factors enumerated in Tennessee Code Annotated section 36-4- 121(c). We give great weight to the trial court’s division of marital property and “ ‘are disinclined to disturb the trial court’s decision unless the distribution lacks proper evidentiary support or results in some error of law or misapplication of statutory requirements and procedures.’ ” Keyt v. Keyt, 244 S.W.3d 321, 327 (Tenn. 2007) (quoting Herrera v. Herrera, 944 S.W.2d 379, 389 (Tenn. Ct. App. 1996)).

Tennessee Code Annotated section 36-4-121(c) provides that in making an equitable division of marital property, the trial court shall consider all relevant factors. Because trial courts have broad discretion in dividing the marital estate, the division of marital property is not a mechanical process. Flannary [v. Flannary], 121 S.W.3d [647,] 650 [(Tenn. 2003)]. Rather, the trial court should weigh the most relevant factors in light of the facts of each case. Tate v. Tate, 138 S.W.3d 872, 875 (Tenn. Ct. App. 2003). We review the trial court’s findings of fact de novo with a presumption of correctness and honor those findings unless the evidence preponderates to the contrary. Tenn. R. App. P. 13(d); Blackburn v. Blackburn, 270 S.W.3d 42, 47 (Tenn. 2008). When issues of credibility and weight of testimony are involved, we afford considerable deference to the trial court’s findings of fact. Keyt, 244 S.W.3d at 327.

Larsen-Ball, 301 S.W.3d at 234-35 (footnote omitted).

Ellis v. Ellis, No. E2020-00869-COA-R3-CV, p. 7 (Tenn. Ct. App. Aug. 29, 2022).

The classification of particular property as either separate or marital is a question of fact to be determined in light of all relevant circumstances. See Langford v. Langford, 220 Tenn. 600, 421 S.W.2d 632, 634 (1967); Cutsinger v. Cutsinger, 917 S.W.2d 238, 241 (Tenn. Ct. App. 1995). This Court gives great weight to a trial court’s decisions regarding the division of marital assets, and we will not disturb the trial court’s ruling unless the distribution lacks proper evidentiary support, misapplies statutory requirements or procedures, or results in some error of law. Keyt v. Keyt, 244 S.W.3d 321, 327 (Tenn. 2007). As to the trial court’s findings of fact, “we review the record de novo with a presumption of correctness, and we must honor those findings unless there is evidence which preponderates to the contrary.” Id. However, we accord no presumption of correctness to the trial court’s conclusions of law. Id.

Snodgrass v. Snodgrass, 295 S.W.3d 240, 245-46 (Tenn. 2009).

Hollis v. Hollis, No. E2020-01123-COA-R3-CV, p. 14-15, 27-29 (Tenn. Ct. App. June 29, 2022).

The classification of property during a divorce proceeding as either marital or separate property is a question of fact to be determined by the trial court upon consideration of all relevant circumstances. Snodgrass v. Snodgrass, 295 S.W.3d 240, 245 (Tenn. 2009). We review questions of fact de novo upon the record, accompanied by a presumption of correctness of the findings of fact of the trial court, unless the preponderance of the evidence is otherwise. Tenn. R. App. P. 13(d); Kelly v. Kelly, 445 S.W.3d 685, 692 (Tenn. 2014). A trial court’s conclusions of law are subject to a de novo review with no presumption of correctness. Kelly, 445 S.W.3d at 692. A trial court has wide discretion when classifying and dividing the marital estate, and its findings are entitled to great weight on appeal. Sullivan v. Sullivan, 107 S.W.3d 507, 512 (Tenn. Ct. App. 2002). Therefore, unless a trial court’s decision concerning the classification or division of property is contrary to the preponderance of the evidence or is based on an error in law, we will not interfere with the trial court’s decision on appeal. Id.

…

We next address whether the Trial Court erred in its division of the marital estate. We begin by reviewing the applicable standard. In Keyt v. Keyt, 244 S.W.3d 321 (Tenn. 2007), the Tennessee Supreme Court articulated the appellate standard of review for a trial court’s division of a marital estate as follows:

This Court gives great weight to the decisions of the trial court in dividing marital assets and “we are disinclined to disturb the trial court’s decision unless the distribution lacks proper evidentiary support or results in some error of law or misapplication of statutory requirements and procedures.” Herrera v. Herrera, 944 S.W.2d 379, 389 (Tenn. Ct. App. 1996). As such, when dealing with the trial court’s findings of fact, we review the record de novo with a presumption of correctness, and we must honor those findings unless there is evidence which preponderates to the contrary. Tenn. R. App. P. 13(d); Union Carbide Corp. v. Huddleston, 854 S.W.2d 87, 91 (Tenn. 1993). Because trial courts are in a far better position than this Court to observe the demeanor of the witnesses, the weight, faith, and credit to be given witnesses’ testimony lies in the first instance with the trial court. Roberts v. Roberts, 827 S.W.2d 788, 795 (Tenn. Ct. App. 1991). Consequently, where issues of credibility and weight of testimony are involved, this Court will accord considerable deference to the trial court’s factual findings. In re M.L.P., 228 S.W.3d 139, 143 (Tenn. Ct. App. 2007) (citing Seals v. England/Corsair Upholstery Mfg. Co., 984 S.W.2d 912, 915 (Tenn. 1999)). The trial court’s conclusions of law, however, are accorded no presumption of correctness. Langschmidt v. Langschmidt, 81 S.W.3d 741, 744-45 (Tenn. 2002).

Keyt, 244 S.W.3d at 327.

In Larsen-Ball v. Ball, 301 S.W.3d 228 (Tenn. 2010), the Tennessee Supreme Court effectively reasserted the deferential standard of review articulated in Keyt, stating:

After classifying the divorcing parties’ assets as either separate or marital, the trial court must divide the marital estate equitably by weighing the relevant factors enumerated in Tennessee Code Annotated section 36-4- 121(c). We give great weight to the trial court’s division of marital property and “ ‘are disinclined to disturb the trial court’s decision unless the distribution lacks proper evidentiary support or results in some error of law or misapplication of statutory requirements and procedures.’ ” Keyt v. Keyt, 244 S.W.3d 321, 327 (Tenn. 2007) (quoting Herrera v. Herrera, 944 S.W.2d 379, 389 (Tenn. Ct. App. 1996)).

Tennessee Code Annotated section 36-4-121(c) provides that in making an equitable division of marital property, the trial court shall consider all relevant factors. Because trial courts have broad discretion in dividing the marital estate, the division of marital property is not a mechanical process. Flannary [v. Flannary], 121 S.W.3d [647] at 650 [(Tenn. 2003)]. Rather, the trial court should weigh the most relevant factors in light of the facts of each case. Tate v. Tate, 138 S.W.3d 872, 875 (Tenn. Ct. App. 2003). We review the trial court’s findings of fact de novo with a presumption of correctness and honor those findings unless the evidence preponderates to the contrary. Tenn. R. App. P. 13(d); Blackburn v. Blackburn, 270 S.W.3d 42, 47 (Tenn. 2008). When issues of credibility and weight of testimony are involved, we afford considerable deference to the trial court’s findings of fact. Keyt, 244 S.W.3d at 327.

Larsen-Ball, 301 S.W.3d at 234-35 (footnote omitted).

Robinson v. Robinson, No. E2020-01535-COA-R3-CV, p. 8 (Tenn. Ct. App. June 29, 2022).

Questions concerning “the classification of property as either marital or separate, as opposed to questions involving the appropriateness of the division of the marital estate, are inherently factual.” Owens v. Owens, 241 S.W.3d 478, 485 (Tenn. Ct. App. 2007) (citations omitted). Thus, a trial court’s decision will not be disturbed unless the evidence preponderates to the contrary. Woodward v. Woodward, 240 S.W.3d 825, 828 (Tenn. Ct. App. 2007) (citations omitted).

…

Once the marital property has been classified and valued, the trial court is to divide the marital property in an equitable manner. Miller v. Miller, 81 S.W.3d 771, 775 (Tenn. Ct. App. 2001) (citation omitted); see Tenn. Code Ann. § 36-4-121(a)(1). “Dividing a marital estate is not a mechanical process . . . .” Kinard, 986 S.W.2d at 230. Rather, the trial court must weigh the most relevant factors in light of the specific facts of the particular case. Tate v. Tate, 138 S.W.3d 872, 875 (Tenn. Ct. App. 2003) (citation omitted). For this reason, “[t]rial courts have wide latitude in fashioning an equitable division of marital property,” Brown v. Brown, 913 S.W.2d 163, 168 (Tenn. Ct. App. 1994) (citing Fisher v. Fisher, 648 S.W.2d 244, 246 (Tenn. 1983)), and this court accords great weight to the trial court’s decision, Wilson v. Moore, 929 S.W.2d 367, 372 (Tenn. Ct. App. 1996) (citing Edwards v. Edwards, 501 S.W.2d 283, 288 (Tenn. Ct. App. 1973)). Accordingly, we defer to the trial court’s division of the marital estate unless it is inconsistent with the factors in Tennessee Code Annotated § 36-4-121 or is not supported by a preponderance of the evidence.3 Brown, 913 S.W.2d at 168 (citation omitted).

Myers v. Boone, No.W2020-01167-COA-R3-CV, p. 15 & 20 (Tenn. Ct. App. June 8, 2022).

The classification of property during a divorce proceeding as either marital or separate property is a question of fact to be determined by the trial court upon consideration of all relevant circumstances. Snodgrass v. Snodgrass, 295 S.W.3d 240, 245 (Tenn. 2009). We review questions of fact de novo upon the record, accompanied by a presumption of correctness of the findings of fact of the trial court, unless the preponderance of the evidence is otherwise. Tenn. R. App. P. 13(d); Kelly v. Kelly, 445 S.W.3d 685, 692 (Tenn. 2014).

…

We next address the Estate’s issue concerning whether the Trial Court erred in its distribution of marital property. A trial court has wide discretion when classifying and dividing the marital estate, and its findings are entitled to great weight on appeal. Sullivan v. Sullivan, 107 S.W.3d 507, 512 (Tenn. Ct. App. 2002). Therefore, unless a trial court’s decision concerning the division of property is contrary to the preponderance of the evidence or is based on an error in law, we will not interfere with the trial court’s decision on appeal. Id.

Haynes v. Haynes,  No. W2021-01004-COA-R3-CV, p. 5 (Tenn. Ct. App. May 26, 2022) (memorandum opinion).

Husband’s appellate brief focuses primarily on the trial court’s classification of the parties’ residence as marital property and its award of alimony in futuro to Wife. In each of these areas, a trial court’s decision is fact-dependent and involves consideration of many factors. Gonsewski v. Gonsewski, 350 S.W.3d 99, 105 (Tenn. 2011); Kinard v. Kinard, 986 S.W.2d 220, 230 (Tenn. Ct. App. 1998). Thus, a trial court is “vested with a great deal of discretion,” Eldridge v. Eldridge, 137 S.W.3d 1, 12 (Tenn. Ct. App. 2002), when making these decisions, and “[a]ppellate courts decline to second-guess a trial court’s decision absent an abuse of discretion.” Gonsewski, 350 S.W.3d at 105. A court abuses its discretion when it “causes an injustice by applying an incorrect legal standard, reaches an illogical result, resolves the case on a clearly erroneous assessment of the evidence, or relies on reasoning that causes an injustice.” Id. (citing Wright ex rel. Wright v. Wright, 337 S.W.3d 166, 176 (Tenn. 2011); Henderson v. SAIA, Inc., 318 S.W.3d 328, 335 (Tenn. 2010)).

Law v. Law, No. E2021-00206-COA-R3-CV, p. 12 (Tenn. Ct. App. Apr. 26, 2022).

The classification of property as either separate or marital is “a question of fact to be determined in light of all relevant circumstances.” Snodgrass v. Snodgrass, 295 S.W.3d 240, 245 (Tenn. 2009) (citing Langford v. Langford, 421 S.W.2d 632, 634 (1967)). The trial court’s findings of fact are reviewed de novo with a presumption of correctness and “we must honor those findings unless there is evidence which preponderates to the contrary.” Snodgrass, 295 S.W.3d at 245 (quoting Keyt v. Keyt, 244 S.W.3d 321, 327 (Tenn. 2007)). Conclusions of law, however, are reviewed de novo with no presumption of correctness. Id. at 245–46. Finally, the trial court’s division of assets is afforded great weight on appeal, and that decision will not be disturbed “unless the distribution lacks proper evidentiary support, misapplies statutory requirements or procedures, or results in some error of law.” Id.

Gergel v. Gergel, No. E2020-01534-COA-R3-CV, p.35-36 (Tenn. Ct. App. Apr. 26, 2022).

As recognized above, “[t]his Court gives great weight to the decisions of the trial court in dividing marital assets and ‘we are disinclined to disturb the trial court’s decision unless the distribution lacks proper evidentiary support or results in some error of law or misapplication of statutory requirements and procedures.’” See Keyt, 244 S.W.3d at 327 (quoting Herrera v. Herrera, 944 S.W.2d 379, 389 (Tenn. Ct. App. 1996)). This Court has also previously elucidated:

The approach to dividing a marital estate should not be mechanical, but rather should entail carefully weighing the relevant factors in Tenn. Code Ann. § 36-4-121(c) in light of the evidence that the parties have presented. Trial courts have broad discretion in fashioning an equitable division of marital property, and appellate courts must accord great weight to a trial court’s division of marital property. Accordingly, it is not our role to tweak the manner in which a trial court has divided the marital property. Rather, our role is to determine whether the trial court applied the correct legal standards, whether the manner in which the trial court weighed the factors in Tenn. Code Ann. § 36-4-121(c) is consistent with logic and reason, and whether the trial court’s division of the marital property is equitable.

Owens v. Owens, 241 S.W.3d 478, 490 (Tenn. Ct. App. 2007) (internal citations omitted); see also Payne v. Payne, No. E2006-02467-COA-R3-CV, 2007 WL 2668588 at *4 (Tenn. Ct. App. Sep. 12, 2007) (“The division of the estate is not rendered inequitable simply because it is not mathematically equal, or because each party did not receive a share of every item of marital property.” (quoting Morton v. Morton, 182 S.W.3d 821, 833-34 (Tenn. Ct. App. 2005)) (other internal citations omitted).

Williams v. Williams, No. E2021-00432-COA-R3-CV, p. 8 (Tenn. Ct. App. Apr. 7, 2022).

In a case involving the proper classification and distribution of assets incident to a divorce, our Supreme Court has explained the applicable standard of appellate review as follows:

This Court gives great weight to the decisions of the trial court in dividing marital assets and “we are disinclined to disturb the trial court’s decision unless the distribution lacks proper evidentiary support or results in some error of law or misapplication of statutory requirements and procedures.” Herrera v. Herrera, 944 S.W.2d 379, 389 (Tenn. Ct. App. 1996). As such, when dealing with the trial court’s findings of fact, we review the record de novo with a presumption of correctness, and we must honor those findings unless there is evidence which preponderates to the contrary. Tenn. R. App. P. 13(d); Union Carbide Corp. v. Huddleston, 854 S.W.2d 87, 91 (Tenn. 1993). Because trial courts are in a far better position than this Court to observe the demeanor of the witnesses, the weight, faith, and credit to be given witnesses’ testimony lies in the first instance with the trial court. Roberts v. Roberts, 827 S.W.2d 788, 795 (Tenn. Ct. App. 1991). Consequently, where issues of credibility and weight of testimony are involved, this Court will accord considerable deference to the trial court’s factual findings. In re M.L.P., 228 S.W.3d 139, 143 (Tenn. Ct. App. 2007) (citing Seals v. England/Corsair Upholstery Mfg. Co., 984 S.W.2d 912, 915 (Tenn. 1999)). The trial court’s conclusions of law, however, are accorded no presumption of correctness. Langschmidt v. Langschmidt, 81 S.W.3d 741, 744-45 (Tenn. 2002).

Keyt v. Keyt, 244 S.W.3d 321, 327 (Tenn. 2007). See Manis v. Manis, 49 S.W.3d 295, 306 (Tenn. Ct. App. 2001) (holding that appellate courts reviewing a distribution of marital property “ordinarily defer to the trial judge’s decision unless it is inconsistent with the factors in Tenn. Code Ann. § 36-4-121(c) or is not supported by a preponderance of the evidence.”).