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 Texas, the homestead exemption is a well-established legal principle designed to protect homeowners from losing their primary residence to creditors. The Texas Constitution and Property Code provide for a homestead exemption that prevents forced sale of the home for the payment of debts, subject to certain exceptions like mortgage foreclosure, property taxes, and liens for home improvements. Texas is particularly generous with its homestead exemption, allowing homeowners to protect an unlimited value of their homestead property, though there are acreage limitations—10 acres in an urban area and 100 acres for a single adult (200 acres for a family) in a rural area. The exemption applies to the entire family and not to individual spouses, ensuring that the property remains protected as long as it is the family homestead. No formal declaration is required to establish a homestead; it is based on occupancy and the intent to use the property as a primary residence. The burden of proof for abandonment of a homestead, which would end the exemption, lies with the party asserting abandonment. They must show that the homeowner has both ceased to use the property as a primary residence and does not intend to return.
