Legal Question in Real Estate Law in California

Re: Can I terminate a home rental agrement since I did not sign it?

The first question here is whether you really hold in joint tenancy (which is POSSIBLE) or as community property, which is by far the most common way married couples hold property and the form of ownership presumed by the law in doubtful cases.

If you hold as community property, a lease of more than one year must be in writing and signed by both spouses, or it's voidable upon demand of the non-signing spouse.

This doesn't mean you're completely "home free," however. Courts sometimes are rough on couples that use this method to oust their tenants. There are cases, for example, where courts have found one spouse acted as the agent of the other in negotiating and executing the lease; or, the court may find a waiver or employ the doctrine of "estoppel." Were you present when your wife negotiated and signed the lease? Your chances are much better if you weren't around and knew nothing of it at the time.

If you are really joint tenants the situation gets messy. The lease by your wife of her interest is probably valid, making you and the tenants roommates and leaving your wife out in the cold (except as your guest, of course).

There are some other technicalities that strongly point to your needing to see a local real-estate lawyer, such as, if the "lease" is void for want of a necessary signature, are the "tenants" entitled to formal eviction proceedings or not?