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 Iowa, the homestead exemption is a legal provision that protects a portion of a person's home and adjoining land from being sold to satisfy debts. This exemption is designed to ensure that individuals and their families have a secure place to live, regardless of financial difficulties. Under Iowa law, the homestead exemption applies automatically—no specific declaration is required. The owner simply needs to prove the concurrent usage of the property as their primary residence and the intent to claim it as a homestead. The exemption in Iowa covers up to half an acre of land in a city or town and up to 40 acres outside of city limits. The value of the property protected by the exemption is not limited by a specific dollar amount. The homestead exemption in Iowa applies to the entire family, not just individual spouses, and continues to protect the property as long as it remains the family's primary residence. If the property is abandoned, which means the owner stops using it as a home and has no intention to return, the exemption can be lost. The burden of proving abandonment lies with the party claiming it. It's important to note that while the homestead exemption offers significant protection, it does not shield a homestead from every type of debt, such as mortgages, taxes, or liens for home improvement debts.