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 Missouri, the homestead exemption serves to protect a portion of a person's home and the land it sits on from being forcibly sold to satisfy debts, ensuring that individuals have a secure place of residence. The Missouri homestead exemption is outlined in Missouri Revised Statutes, Section 513.475. As of the knowledge cutoff in 2023, the exemption allows for up to $15,000 of the value of the homestead to be protected for an individual and up to $30,000 for a married couple or head of household. This exemption applies to the dwelling used as a primary residence, including the house, outbuildings, and adjoining land. In Missouri, the homestead exemption is automatically in effect; no specific declaration is required to claim it. The exemption is interpreted broadly to fulfill its purpose of providing security for the family. The homestead remains exempt from forced sale by creditors unless there is evidence of abandonment, alienation, or death of the owner. Abandonment is determined by a cessation of use and the intent not to return, and the burden of proof lies with the party claiming abandonment.