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 Washington State, the homestead exemption is designed to protect a portion of a person's home equity from creditors in the event of bankruptcy or other debt collection actions. As of the knowledge cutoff in 2023, the Washington homestead exemption allows homeowners to exempt up to $125,000 of their home's value. This means that if a homeowner declares bankruptcy, they can protect up to $125,000 of the equity in their home from being used to pay off unsecured creditors. The exemption applies to a primary residence, which can include a house, mobile home, or condominium. It is not necessary to file any special paperwork to claim the homestead exemption in Washington; it is automatically applied. However, the exemption does not protect against all types of debts, such as certain taxes, mortgages, liens, or debts for child support or spousal maintenance. If a homeowner abandons the property, they may lose the homestead protection. Abandonment requires both cessation of use and the intent not to return, and the burden of proof for abandonment lies with the party claiming it.