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 Massachusetts, the homestead exemption is designed to protect the value of a person's home from being used to satisfy most debts, providing a secure residence for homeowners. Under Massachusetts law, specifically Massachusetts General Laws Chapter 188, Sections 1-10, homeowners are allowed to declare a certain amount of their property as a 'homestead,' thereby protecting up to $500,000 of their home's value from unsecured creditors. This protection applies to the primary residence of the homeowner and can include the house, outbuildings, and adjoining land. No specific writing is required to claim the homestead exemption in Massachusetts; it is automatically applied for a person's primary residence for up to $125,000 in value. However, to obtain the full $500,000 exemption, a Declaration of Homestead must be filed with the Registry of Deeds in the county where the property is located. The exemption is for the benefit of the family or individual owners and does not require both spouses to file if the property is owned jointly. The homestead protection continues until the property is sold or otherwise transferred, or until the homeowner(s) abandon the property, which would involve both cessation of use and the intent not to use it as a home again. The burden of proof for abandonment lies with the party asserting it.