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 South Carolina, the homestead exemption is a legal provision designed to protect a portion of a person's home and adjoining land from forced sale by creditors, ensuring that individuals have a secure place of residence. The state's homestead exemption is codified in the South Carolina Code of Laws under Title 15 - Civil Remedies and Procedures, Chapter 41 - Debtor and Creditor. As of the knowledge cutoff in 2023, the exemption amount is up to $59,100 for an individual and $118,200 for a couple. This exemption applies to the dwelling house in which a debtor resides and the land on which it is situated, provided it does not exceed the area set by law. The exemption is automatically in effect; no specific writing is required to claim it, but the owner must demonstrate the intent and actual use of the property as a primary residence. The homestead remains exempt from forced sale by creditors unless there is proof of abandonment, alienation, or death of the owner. Abandonment is determined by a cessation of use and an intention not to return, which must be proven by the party asserting the abandonment. It's important to note that the homestead exemption does not protect against secured creditors, such as mortgage holders, or certain types of debts like taxes or alimony.