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 California, the homestead exemption is a legal provision designed to protect a portion of a homeowner's equity in their primary residence from creditors in the event of bankruptcy or forced sale. As of the knowledge cutoff in 2023, California's homestead exemption amounts vary depending on the homeowner's status. For example, the exemption amount is higher for individuals who are 65 or older, disabled, or 55 years of age or older with a limited income, compared to the standard exemption amount for other homeowners. The exemption is automatically applied to a homeowner's primary residence, and no specific action is required to claim it. However, the homeowner must actually reside in the property and have the intent to maintain it as their primary residence. The protection provided by the homestead exemption is not absolute; it is subject to certain limitations and can be lost if the homeowner abandons the property, which means they cease to use it as their primary residence and have no intention of returning. The burden of proving abandonment lies with the party asserting it. It's important to note that the homestead exemption does not protect against all types of debts, such as mortgages, child support, or tax liens.