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 Virginia, the homestead exemption is a legal provision that protects a portion of a homeowner's primary residence from creditors. As of the knowledge cutoff in 2023, Virginia law allows individuals to claim a homestead exemption of up to $5,000 of the value of their property or their interest in the property. Additionally, individuals over the age of 65 or who are disabled may claim an additional $10,000 exemption. This exemption applies to the house, outbuildings, and adjoining land used as the primary residence. The homestead exemption in Virginia is designed to provide a secure home for the family against creditors and is liberally construed to further its purposes. No specific writing is required to claim the exemption; proof of use and the intent to claim the property as a homestead is sufficient. The exemption applies to the entire family and not to either spouse individually. The property remains exempt unless it ceases to be a homestead due to abandonment, alienation, or death. Abandonment of a homestead is determined by the cessation of use and the intent not to use the property as a home again, and the burden of proving abandonment lies with the party asserting it.