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 North Carolina, the homestead exemption is a legal provision designed to protect a person's primary residence from forced sale by creditors, ensuring that individuals have a secure place to live despite financial difficulties. As of the knowledge cutoff in 2023, North Carolina's homestead exemption allows an individual to exempt up to $35,000 of their home's value ($60,000 for individuals aged 65 or older if the property was previously owned by a deceased spouse). This exemption applies to a house, outbuildings, and the adjoining land used as a primary residence. No specific documentation is required to claim the exemption; rather, the owner must demonstrate the intent and actual use of the property as a homestead. The exemption is broadly interpreted to fulfill its purpose of providing family security. In North Carolina, the homestead exemption is available to either spouse and protects 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 may be lost. The burden of proving abandonment lies with the party asserting it. It's important to note that the homestead exemption does not protect against all types of debts, such as mortgages for the purchase of the home, taxes, and liens for home improvements.