Legal classification of pets as property

Legal frameworks in both the United States and China currently classify pets as personal property rather than legal persons.

In the United States, this classification means that in proceedings such as divorce cases in New Jersey, pets are addressed through the process of equitable distribution as assets to be divided. While courts acknowledge the emotional value of companion animals, they are not treated as subjects of custody based on the best interests of the animal. This lack of legal personhood also means that social trends, such as symbolic pet weddings, carry no legal weight.

In China, the rise of pet ownership among Gen Z and Millennial populations has led to increasing disputes over pet custody following relationship dissolutions. Because Chinese law lacks specific regulations for custody or visitation rights, courts must rely on physical evidence—including purchase receipts, adoption records, microchip registrations, and veterinary bills—to determine ownership. The judicial system continues to face challenges in quantifying the emotional bonds between owners and their animals within these property-based legal structures.