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 South Carolina, the homestead exemption provides protection for a primary residence against forced sale by creditors, ensuring that individuals have a secure place to live despite financial difficulties. The state's homestead laws are designed to be interpreted broadly to fulfill this purpose. South Carolina's homestead exemption does not require a formal written claim; rather, it is based on the actual use of the property as a primary residence and the owner's intent to maintain it as such. The exemption applies to the entire family, not just individual spouses, meaning that as long as one spouse intends and uses the property as the family homestead, it is protected. The exemption remains in effect unless the property is abandoned, sold, or the owner passes away. Abandonment is defined as the cessation of use of the property as a primary residence with no intention to return, and the burden of proof for abandonment lies with the party claiming it. The specific amount of the homestead exemption in South Carolina is up to $59,100 for an individual and $118,200 for a couple, as of the knowledge cutoff in 2023. These amounts are subject to change, so it is advisable to consult an attorney or the most current statutes for up-to-date information.