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 Missouri, the homestead exemption serves to protect a portion of a person's home and adjoining land from being forcibly sold to satisfy debts, ensuring that families have a secure place to live. The Missouri homestead exemption is outlined in Missouri Revised Statutes, Section 513.475. As of the knowledge cutoff in 2023, the exemption amount is up to $15,000 for an individual's residence and up to $5,000 for a mobile home used as a residence. The exemption applies to the dwelling house, buildings, and land used as a homestead. Missouri law does not require a specific writing to claim a homestead exemption; rather, it requires proof of occupancy and the intent to use the property as a homestead. The exemption is construed liberally to fulfill its purpose of providing security for the family. In Missouri, the homestead exemption applies to the entire family and not to individual spouses. The property remains exempt as long as it is occupied as a homestead, unless abandonment, alienation, or death occurs. Abandonment of the homestead requires proof of cessation of use and intent not to return, which must be demonstrated by competent evidence. It's important to note that the homestead exemption does not protect against all types of debts, such as mortgages for purchase money, taxes, mechanics' liens, and debts for improvements.