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 West Virginia, the homestead exemption is a legal provision that protects a portion of a person's home and adjoining land from being forcibly sold to satisfy debts. This exemption is designed to ensure that individuals and families have a secure place to live despite financial difficulties. West Virginia Code §38-10-4 provides a homestead exemption of up to $35,000 in value for real or personal property used as a residence. This exemption applies to the head of a family, and it can also protect the property from levy and sale under execution or attachment. The exemption is automatically applied; no specific writing is required to claim it, but the owner must demonstrate the intent to use the property as a primary residence. The exemption is broadly interpreted to fulfill its purpose of providing family security. In the case of married couples, the homestead is protected as long as one spouse intends and uses the property as the family residence. The property remains exempt unless there is evidence of abandonment, alienation, or death. Abandonment would require proof that the claimant has ceased to use the property as a home and does not intend to return.