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 Indiana, the homestead exemption is a legal provision that protects a portion of a homeowner's equity from being claimed by most creditors in the event of bankruptcy or other financial distress. As of the knowledge cutoff in 2023, Indiana's homestead exemption allows homeowners to exempt up to $19,300 of their home's value for an individual owner, and up to $38,600 for a married couple filing jointly. This exemption applies to a primary residence, which can include a house, outbuildings, and the adjoining land. The intent of the homestead exemption is to ensure that individuals have a secure place to live without the threat of losing their home to satisfy most debts. In Indiana, the exemption is automatic and does not require specific documentation to claim; however, proof of occupancy and the intent to use the property as a primary residence is necessary. The exemption continues to protect the property as long as it remains the owner's primary residence. If the property is abandoned, which means the owner ceases to use it as a home with no intention to return, the exemption may be lost. The burden of proving abandonment lies with the party asserting it. It's important to note that certain debts, such as mortgages, taxes, and liens for home improvements, may not be covered by the homestead exemption.