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 Pennsylvania, the concept of a homestead exemption is designed to protect a portion of a person's home equity from creditors in the event of bankruptcy. Pennsylvania's homestead exemption is relatively modest compared to some other states. As of the knowledge cutoff in 2023, the state allows an individual to exempt up to $300 of any property used as a residence. Additionally, married couples filing jointly can double this exemption to $600. It's important to note that this exemption does not apply to all types of debts; for example, it does not protect against secured creditors such as mortgage holders or certain types of tax liens. The homestead exemption in Pennsylvania is automatically applied; homeowners do not need to file any special paperwork to claim this exemption. If a homeowner ceases to use the property as their primary residence, the homestead protection can be lost, which aligns with the general principle that abandonment of a homestead occurs when there is no longer an intention to maintain the property as a primary residence.