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 Pennsylvania, the concept of a homestead exemption is designed to protect a portion of a homeowner's primary residence from creditors in the event of bankruptcy or other financial distress. Pennsylvania's homestead exemption allows individuals to exempt up to $300 of any property used as a residence. Additionally, married couples filing jointly can double this exemption to $600. However, compared to some other states, Pennsylvania's homestead exemption amount is relatively low. It's important to note that this exemption does not protect against secured creditors, such as mortgage holders, to the same extent as it does against unsecured creditors. The exemption is automatically applied without the need for specific registration or declaration, based on the intent and use of the property as the primary residence. The protection continues unless the property is abandoned, sold, or the owner passes away. If abandonment is claimed by a creditor, they must prove it with clear evidence. It's also worth mentioning that Pennsylvania law may provide additional protections against the forced sale of a home by creditors, outside of the homestead exemption, particularly when it comes to property owned as tenancy by the entirety (a form of joint ownership between spouses).