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 Tennessee, the homestead exemption serves to protect a portion of a person's primary residence from forced sale by creditors, ensuring that individuals have a secure place to live despite financial difficulties. As of the knowledge cutoff in 2023, Tennessee's homestead exemption allows for a certain amount of equity in the home to be exempt from sale for debt satisfaction. For individuals, the exemption amount is up to $5,000 in equity, and for joint owners or a head of household with dependents, the exemption can be up to $7,500 or $25,000 respectively. No formal declaration is required to claim the homestead exemption in Tennessee; rather, the owner must demonstrate the intent to use and the actual use of the property as a primary residence. The exemption applies to the family as a whole and is not specific to either spouse. It remains in effect until the property is no longer used as a homestead due to abandonment, sale, or death of the owner. The burden of proof for abandonment lies with the party claiming it, and they must provide clear evidence that the homestead claimant has both ceased to use the property as a home and intends not to return.