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 Maryland, the homestead exemption is a legal provision designed to protect a portion of a homeowner's primary residence from creditors in the event of bankruptcy or other financial distress. As of the knowledge cutoff in 2023, Maryland law allows homeowners to exempt up to $25,150 in equity in their primary residence under the federal bankruptcy exemptions, which Maryland has chosen to adopt. This means that if a homeowner files for bankruptcy, they can protect up to this amount from being used to pay off unsecured creditors. The homestead exemption in Maryland applies to the debtor and their dependents, and it is automatically applied without the need for a specific claim. However, the exemption does not protect against secured creditors, such as mortgage holders, to the extent of their interest in the property. If a homeowner abandons the property, the homestead exemption may no longer apply, and the burden of proving abandonment rests on the party asserting it. It's important to note that exemption amounts and laws can change, so it's advisable to consult with an attorney for the most current information.