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 Nebraska, the homestead exemption is a legal provision designed to protect a portion of a person's home and adjoining land from being sold to satisfy debts. This exemption is found in Nebraska's statutes, specifically Neb. Rev. Stat. §§ 40-101 to 40-116. The exemption allows an individual or family to protect up to $60,000 in home equity. This protection applies to the primary residence, which includes a house, outbuildings, and the adjoining land. The intent of the homestead exemption is to ensure that families have a secure place to live, free from the threat of losing their home to creditors. In Nebraska, the homestead exemption is automatically applied; no specific writing is required to claim it, but the owner must prove usage and intent to designate the property as a homestead. The exemption applies to the entire family and not just to individual spouses. It continues to protect the property as long as it remains the family's primary residence. If the property is abandoned, which means the owner stops using it as a home and has no intention to return, the exemption can be lost. The burden of proving abandonment lies with the party asserting it. It's important to note that the homestead exemption does not protect against all types of debts, such as those for property taxes, mortgages, or liens for home improvements.