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 West Virginia, 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 families have a secure place to live, even in the face of financial difficulties. West Virginia Code § 38-10-4 provides a homestead exemption of up to $35,000 for real or personal property used as a residence. The exemption applies to the head of a family, and it is automatically in effect without the need for a specific claim to be filed. However, the exemption amount may be doubled to $70,000 for married couples if both spouses are co-owners of the property. The homestead remains exempt from forced sale by creditors unless there is evidence of abandonment, alienation, or death of the owner. Abandonment requires proof that the claimant has ceased to use the property as a primary residence and does not intend to return.