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 Washington State, the homestead exemption is designed to protect a portion of a person's home equity from creditors in the event of bankruptcy or other financial distress. As of the knowledge cutoff in 2023, the exemption amount is up to $125,000 of a homeowner's equity. This means that if a person's home is worth more than the amount they owe on it, up to $125,000 of that excess equity is protected from being used to satisfy most types of debt. The homestead exemption in Washington is automatic and does not require a specific filing to claim it. However, the exemption does not protect against all types of debts; for example, it does not prevent foreclosure due to unpaid mortgages or liens for property taxes. Additionally, the exemption applies to the entire family and is not specific to either spouse. To maintain the homestead exemption, the property must continue to be used as the primary residence. If the homeowner abandons the property with the intent not to return, they may lose the homestead protection. The burden of proof for abandonment lies with the party asserting it.