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 Ohio, the homestead exemption is a legal provision designed to protect a portion of a person's home equity from creditors in the event of bankruptcy or other financial distress. As of the knowledge cutoff in 2023, Ohio law provides a homestead exemption that allows individuals to exempt up to $145,425 of their home's value (this amount is subject to periodic adjustments for inflation). This means that if a homeowner files for bankruptcy, they can protect up to that amount in home equity from being used to pay off unsecured creditors. The exemption applies to the person's primary residence, which can include a house, outbuildings, and the adjoining land. To qualify for the exemption, the property must be owned and occupied by the individual or family as their primary residence. The homestead exemption in Ohio is automatically applied and does not require specific writing to claim it; however, proof of ownership and occupancy is necessary. The exemption is intended to provide a secure home for the family and is liberally construed to further its purposes. It is important to note that the exemption does not protect against all types of debts; for example, it does not prevent foreclosure by a mortgage lender for unpaid mortgage debts. Additionally, the exemption may be lost if the property is abandoned, which requires a cessation of use and intent not to use the property as a home again. The burden of proving abandonment lies with the party asserting it.