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 Michigan, the homestead exemption is a legal provision that protects a portion of a homeowner's equity from being claimed by most creditors in the event of bankruptcy or other financial distress. As of the knowledge cutoff in 2023, Michigan's homestead exemption allows homeowners to exempt up to $40,000 of their home's value if they are under the age of 65, and up to $60,000 if they are 65 or older or disabled. This exemption applies to the house, outbuildings, and adjoining land used as the primary residence. The homestead exemption is automatically in effect; no specific writing is required to claim it, but the homeowner must demonstrate the intent to use the property as a primary residence. The exemption is intended to provide a secure home for the family and is liberally construed to further this purpose. In Michigan, the homestead exemption applies to the entire family and not to individual spouses. The exemption remains in place unless the property ceases to be a homestead due to abandonment, alienation, or death. Abandonment requires proof that the claimant has ceased to use the property as a home and does not intend to return.