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 Wisconsin, the homestead exemption is a legal provision that protects a portion of a homeowner's residence from being sold to satisfy debts. The exemption is outlined in Wisconsin's statutes under Section 815.20 of the Wisconsin Statutes. This law provides that an individual can protect up to $75,000 of their home's value from creditors. For married couples, this amount can be doubled to $150,000. The homestead must be the individual's primary residence and can include a house, outbuildings, and the adjoining land. The intent to use the property as a homestead and actual use are the key factors in claiming this exemption; no specific writing is required to claim it. The exemption applies to the entire family and not just to individual spouses, ensuring that the property remains protected as long as it is intended and used as a family homestead. The exemption continues until there is evidence of abandonment, alienation, or death. Abandonment would require a cessation of use and the intent not to return, and the burden of proof for abandonment lies with the party asserting it.