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 North Dakota, the homestead exemption is designed to protect a portion of a person's home and adjoining land from forced sale by creditors, ensuring that individuals have a secure place to live despite financial difficulties. The North Dakota Century Code (NDCC) provides that an individual may claim a homestead exemption up to a certain value, which is $100,000 as of the knowledge cutoff in 2023. This exemption applies to a house, outbuildings, and the adjoining land used as a primary residence. The homestead exemption in North Dakota is automatically applied; no specific writing is required to claim it, but the owner must demonstrate the intent to use the property as a homestead and concurrent usage. The exemption is broadly interpreted to fulfill its purpose of providing family security. In the case of married couples, the homestead is protected as long as one spouse has the intention and use of the property as a family homestead. The property remains exempt unless there is evidence of abandonment, alienation, or death. Abandonment is established when the claimant stops using the property as a home and has no intention to return, and the burden of proof for abandonment lies with the party asserting it.