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 Hawaii, the homestead exemption is designed to protect a portion of a person's home equity from creditors in the event of bankruptcy or other financial distress. Under Hawaii Revised Statutes §651-92, individuals may exempt up to $30,000 of their interest in a property used as a primary residence if they are the head of a family or over the age of 65. For those who do not meet these criteria, the exemption amount is $20,000. The homestead exemption in Hawaii applies to a dwelling house, including appurtenances and the land on which it is situated, to the extent of one acre. The exemption is automatic and does not require specific action to claim it, but proof of occupancy and intent to maintain the property as a homestead is necessary. The exemption is intended to provide a secure home for the family against creditors and is liberally construed to further its purposes. In the case of married couples, the homestead exemption applies to the family unit rather than to individual spouses. The property remains protected under the homestead exemption unless there is evidence of abandonment, alienation, or death. Abandonment requires a cessation of use and the intent not to return, and the burden of proof for abandonment lies with the party asserting it.