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 Alaska, the homestead exemption is designed to protect a portion of a person's home and adjoining land from being forcibly sold to satisfy debts, ensuring that individuals have a secure place to live. As of the knowledge cutoff in 2023, Alaska's homestead exemption allows an individual to exempt up to $72,900 of their home's value (or $145,800 for a couple) from creditors. This exemption applies to the primary residence, which includes the house, outbuildings, and the adjoining land. The exemption is automatically applied; no specific writing is required to claim it, only proof of occupancy and the intent to use the property as a primary residence. In Alaska, the exemption is individual, meaning that each spouse can claim the exemption on their interest in the property. If a homestead is abandoned, which means the owner no longer uses the property as a primary residence and does not intend to return, the exemption can be lost. The burden of proving abandonment lies with the party asserting it. It's important to note that the homestead exemption does not protect against all types of debts, such as those for property taxes, mortgages, mechanics' liens, or debts related to child support or alimony.