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 Minnesota, the homestead exemption is designed to protect a portion of a person's home and adjoining land from being sold to satisfy debts, ensuring that individuals and families have a secure place to live. The exemption is broadly interpreted to support this goal. Minnesota law does not require a written declaration to claim a homestead exemption; rather, evidence of use and the intent to claim the property as a homestead is sufficient. The exemption applies to the entire family, not just individual spouses, meaning that as long as one spouse intends and uses the property as a family homestead, it is protected. The homestead retains its exempt status unless it is abandoned, sold, or the owner passes away. Abandonment is defined as the cessation of use of the property as a home with the intent not to return, and the burden of proof for abandonment lies with the party claiming it. The specific amount of value that is protected by the homestead exemption in Minnesota is subject to statutory limits, which may be updated periodically.