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 Georgia, the homestead exemption provides protection for a primary residence from forced sale to satisfy certain types of debts, ensuring that individuals and families have a secure place to live. The value protected by the homestead exemption in Georgia is up to $21,500 for an individual and $43,000 for a couple. This exemption applies to the home, adjoining land, and any outbuildings included in the homestead property. To qualify for the exemption, the property must be owned and occupied as a primary residence, and there is no need for a written declaration to claim this exemption—proof of occupancy and the intent to use the property as a homestead is sufficient. The exemption is broadly interpreted to support its purpose of providing family security. In Georgia, the homestead exemption is available to the entire family and not just to individual spouses. The protection continues as long as the property is used as a homestead and has not been abandoned, sold, or the owner has not passed away. Abandonment of the homestead, which would end the exemption, requires proof that the claimant has ceased to use the property as a primary residence and does not intend to return.