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 Kansas, 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 of residence. The Kansas Constitution provides this exemption, which is also detailed in state statutes. As of the knowledge cutoff in 2023, Kansas law generally exempts up to $30,000 of the home's value for an urban homestead and up to 160 acres for a rural homestead. The exemption applies to the homestead of a family or a single adult, protecting the primary residence against the claims of creditors, with certain exceptions such as mortgages, taxes, and debts for home improvements. In Kansas, the homestead exemption is automatically applied; no specific declaration is required, but the homeowner must demonstrate the intent and actual use of the property as their primary residence. The exemption extends to the entire family and is not limited to individual spouses. It remains in effect unless the property is abandoned, alienated, or upon the death of the owner. Abandonment involves both the cessation of use and the intent not to return, and the burden of proof for abandonment lies with the party asserting it.