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 South Dakota, the homestead exemption is designed to protect a portion of a person's home and adjoining land from being forcibly sold to satisfy debts, ensuring that individuals have a secure place to live. South Dakota Codified Laws (SDCL) 43-31-1 through 43-31-34 outline the state's homestead exemption provisions. As of the knowledge cutoff in 2023, the exemption amount is up to $60,000 for an individual and may be higher for a family. The exemption applies to the dwelling used as a primary residence, including a house and its land, and certain outbuildings. The homestead exemption in South Dakota is automatically applied; no specific declaration is required, but the owner must demonstrate the intent to use and occupy the property as a primary residence. The exemption is available to any resident of South Dakota who is the head of a family or a single adult. The protection extends to the entire family and is not limited to individual spouses. A homestead remains exempt from forced sale unless there is evidence of abandonment, alienation, or death of the owner. Abandonment requires proof that the claimant has ceased to use the property as a primary residence and does not intend to return.