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 Oregon, the homestead exemption is designed to protect a portion of a homeowner's primary residence from being forcibly sold to satisfy certain types of debts. This exemption is codified in Oregon Revised Statutes (ORS) 18.395 to 18.425. As of the knowledge cutoff in 2023, the exemption amount is up to $40,000 for an individual homeowner and up to $50,000 for a joint filing by spouses. The homestead can include a house, mobile home, land, and outbuildings. To qualify, the property must be the owner's primary residence. No specific documentation is required to claim the exemption; rather, the owner must demonstrate the intent and actual use of the property as a primary residence. The exemption applies to the entire family and not just to individual spouses, ensuring that the family homestead is protected as long as one spouse has the intention and uses the property as such. The exemption remains in place unless the property is abandoned, sold, or the owner passes away. Abandonment requires proof that the claimant has ceased to use the property as a primary residence and does not intend to return.