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 Kansas, 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. Kansas law allows for an exemption of up to $30,000 of the home's value for urban properties and up to 160 acres of farming land or one acre within a town or city for rural properties. This exemption applies to the primary residence of the debtor and is intended to safeguard the family unit. The exemption is automatically in effect without the need for a written claim, based on the owner's occupancy and intent to use the property as a primary residence. In Kansas, the homestead exemption extends to the entire family and not just to individual spouses. The protection remains in place unless the property is abandoned, sold, or the owner passes away. Abandonment requires a cessation of use and the intent not to return, and the burden of proof for abandonment lies with the party claiming it. It's important to note that the homestead exemption does not protect against all types of debts, such as mortgages, taxes, or debts incurred for home improvements.