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 Tennessee, the homestead exemption is a legal provision designed to protect a portion of a person's home and adjoining land from forced sale by creditors, ensuring that individuals and families have a secure place to live. As of the knowledge cutoff in 2023, Tennessee's homestead exemption allows for a certain amount of equity in the home to be exempt from sale for debt satisfaction. For individuals, the exemption amount is up to $5,000 in equity, and for joint owners such as married couples, the exemption is up to $7,500. Additionally, for individuals aged 62 or older, the exemption amount is higher, with up to $12,500 to $25,000 in equity depending on the individual's income level and whether one or both spouses are 62 or older. It is important to note that the homestead exemption in Tennessee does not require a specific writing to claim it; rather, it is based on the owner's use of the property and intent to claim it as a homestead. The exemption applies to the family as a whole and not to individual spouses. The property remains protected under the homestead exemption unless there is evidence of abandonment, alienation, or death of the owner. To prove abandonment, there must be clear evidence that the claimant has ceased to use the property as a home and does not intend to return.