Ok, yeah, sure argument kinda make sense. And sure other options, are available... Both move out, rent it and split the rent 50/50.. OR sell it now. OR you move in pay all the mortgage until it sells. All good arguments. But arguments are best avoided. But arguments are best avoided YUP wrote twice, to make you read it twice But arguments are best avoided, did it again to make sure the message sinks in. But arguments are best avoided.... Just in case... And there is emotion here. Frankly, you've started a new barney when you already had enough to fight about.
Yep, you're doing her a favour. Good idea. Small win for the greater good. But you seem happy for her to be in there for 2 2/5 yrs? But you just moved the goal posts.
As for what a judge would say / do... Well you NEVER want to find out. There are better options. Banks will accept financial hardship. You could go interest only for 2 yrs. You could give up on the 2 2/5 yr plan and insist it sell now... But make a plan and stick to it. The 2/25 yr plan is problematic, but then so is every other plan. So long as the orders clearly state who the game plays out. So I reckon I spooked you with the what if she trashes the joint problem... SOLUTION - a clause. The ex pays for upkeep over the two years and in the event that the real estate agent recommends maintenance be done to assist the sale the wife is responsible for paying those costs... OR if she breaks it she pays for it... And if she can't afford it then you pay and be re-embursed after the sale of the property.
IF paying 40% is too much for you, then offer 30%. She is still getting a good deal right? And the $$ you put into the house is $$ you get back, so you're only out of pocket a little because you could put that $ in investments, but then, the house will go up in value over the next 2 2/5 yrs too....
Avoid court.