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 Mississippi, the homestead exemption is a legal provision that protects a certain amount of the value of a person's home from being taken by creditors to satisfy debts. The Mississippi Code provides for a homestead exemption under Section 85-3-21, which allows an individual to exempt up to $75,000 of the value of their homestead if they are a single individual, or up to $150,000 for a family. This exemption applies to the dwelling used as a primary residence, including the land and buildings attached to it. The homestead exemption in Mississippi is automatically applied; no specific writing is required to claim it, but the owner must prove usage and intent to claim the property as a homestead. The exemption is intended to secure a family's residence against creditors and is liberally construed to fulfill this purpose. The exemption applies to the entire family and not to individual spouses, protecting the property as long as it is intended and used as a family homestead. The property remains exempt unless it is abandoned, alienated, or upon the death of the owner. Abandonment requires a cessation of use and the intent not to return, and the burden of proof for abandonment lies with the party asserting it.