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 Hawaii, the homestead exemption is designed to protect a portion of a person's home equity from creditors in the event of bankruptcy or other financial distress. Under Hawaii Revised Statutes §651-92, individuals can exempt up to $30,000 of their home's value if they are the head of a family or over the age of 65, and $20,000 if they are single and not the head of a family. The homestead must be the individual's primary residence to qualify for the exemption. The law is intended to provide a measure of security for families, ensuring that they are not left without a home due to debt collection. The exemption is automatically applied; no specific declaration is required, but the homeowner must be able to demonstrate the intent to maintain the property as their homestead. The exemption applies to the entire family unit and not to individual spouses. If a homestead is abandoned, which means the homeowner 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.