A homestead or homestead estate generally includes a house, outbuildings, and the adjoining land owned and occupied by a person or family as a primary residence.

Many states—but not all—have laws that protect a person’s homestead from forced sale for the satisfaction (payment) of debts—at least up to a certain amount of the homestead’s value. These laws may be referred to as homestead exemptions or homestead laws and may be located in a state’s constitution or in its statutes.

The homestead exemption exists to provide a secure home for the family against creditors. The exemption is liberally construed to further its purposes. No specific writing is needed to claim a homestead exemption, but instead merely proof of concurrent usage and intent on the part of the owner to claim the land as a homestead.

In some states the constitutional family homestead exemption applies to the entire family, and not to either spouse individually. Therefore, so long as real property is a family homestead due to one spouse's intention and use, that property is protected by the homestead exemption, unless full abandonment has been pleaded and proved. Once a property has been established as a homestead, the property remains exempt unless it ceases to be a homestead due to abandonment, alienation, or death.

Abandonment of a homestead occurs when the homestead claimant ceases to use the property and intends not to use it as a home again. Anyone asserting abandonment of a homestead has the burden of proving it by competent evidence.

In California, the homestead exemption is a legal provision designed to protect a portion of a homeowner's equity from creditors in the event of bankruptcy or forced sale. As of the knowledge cutoff in 2023, California's homestead exemption amounts vary depending on the homeowner's status. For example, the exemption amount is higher for individuals who are 65 or older, disabled, or 55 years of age or older with a limited income. The exemption applies automatically to a homeowner's primary residence, meaning no specific declaration is required to claim it. However, the exemption is not absolute and does not protect against all types of debts, such as mortgages, child support, or tax liens. The exemption is intended to ensure that individuals are not left homeless by the satisfaction of debts and is construed liberally to fulfill this purpose. In the context of a family, the homestead exemption in California protects the property as long as it remains the primary residence of the family or one of the spouses, and there has been no abandonment, which would require a clear demonstration of intent not to return to the home.