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 have a secure place to live despite financial difficulties. The exemption amount in Georgia is up to $21,500 for an individual and $43,000 for a couple, as per the Official Code of Georgia Annotated (OCGA) § 44-13-100. This exemption applies to the home, adjoining land, and associated outbuildings. To qualify, the property must be the actual residence of the individual or family and the owner must have the intent to use the property as a primary residence. No specific documentation is required to claim the exemption; rather, evidence of use and intent is sufficient. The homestead exemption in Georgia is construed liberally to fulfill its purpose of providing a secure home for families. It is important to note that the exemption is not absolute and does not protect against all types of debts; for example, it does not prevent foreclosure due to failure to pay the mortgage or taxes. Additionally, the exemption may be lost if the property is abandoned, which requires proof of cessation of use and intent not to return, or through alienation or death.