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 Hawaii, the homestead exemption is designed to protect a portion of a person's home equity from creditors in the event of bankruptcy or other financial distress. Hawaii Revised Statutes §651-92 provides that a certain amount of a debtor's interest in their residence may be exempt from forced sale. The exemption amount varies depending on the county, age, disability status, and income level of the homeowner. For example, as of the knowledge cutoff in 2023, an individual homeowner in Honolulu County may claim an exemption of up to $30,000, while a homeowner who is 65 years or older or who is disabled may claim up to $50,000. These amounts are subject to change and should be verified for the current figures. The homestead exemption in Hawaii applies to the property that is used as the primary residence of the owner. To claim the exemption, the homeowner does not need to file any specific document but must be able to prove the intent and actual use of the property as a primary residence. The exemption is broadly interpreted to fulfill its purpose of providing security for families. If a property is established as a homestead, it remains exempt unless there is evidence of abandonment, alienation, or death of the owner. The burden of proving abandonment lies with the party asserting it.