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 Louisiana (LA), the homestead exemption is a legal provision that protects a portion of a homeowner's primary residence from creditors. The Louisiana Constitution provides for a homestead exemption that protects up to $25,000 of the value of the individual's primary residence. This means that, in the event of a forced sale to satisfy debts, the first $25,000 in value of the home cannot be taken by creditors. This exemption is designed to ensure that individuals have a secure place to live without the threat of losing their home over debts, except for secured debts like mortgages, property taxes, and certain other obligations. The exemption applies to the entire family and not to individual spouses, ensuring that the family homestead is protected as long as it is the primary residence of the family. To claim the exemption, the homeowner does not need to file any specific document; rather, they must simply prove that the property is their primary residence and that they intend to use it as such. If a homeowner abandons the property, meaning they cease to use it as a home and have no intention to return, the homestead exemption can be lost. The burden of proving abandonment lies with the party asserting it.