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 Mississippi, the homestead exemption serves to protect a primary residence from forced sale to satisfy debts, up to a certain value. Mississippi law, specifically under Miss. Code Ann. § 85-3-21, allows an individual to exempt up to $75,000 of the value of their homestead if they are a single individual, and up to $150,000 for a family. This exemption applies to the dwelling house and land, and it is intended to provide a secure home for the family against creditors. The exemption is interpreted broadly to achieve its purpose of providing security. No formal declaration is required to claim the exemption; rather, evidence of use and the intent to claim the property as a homestead is sufficient. The homestead exemption in Mississippi benefits the entire family, not just individual spouses, and it continues to protect the property as long as it remains the family's primary residence. The exemption may be lost if the property is abandoned, sold, or if the owner passes away. The burden of proving abandonment, which involves both cessation of use and intent not to return, falls on the party asserting it.